b'efited from the Android or Google licensing platforms which helped smaller manufacturers to compete with larger ones by using their own unique features or targeting niche markets. The objective is to limit monopolies and to enhance innovations, a win-win situation for all stakeholders.In the seed sector, for over a decade, the International Licensing Platform (ILP), has been providing access to patented traits in vegetable crops. Recognizing the need for a similar system for the other crops (corn, sunflower, cereals, sugar beet, potatoes fruits, flowers), a group of European plant breeding companiesspanning different sizes and backgroundscame together in 2023 to launch the Agricultural Crops Licensing Platform (ACLP). This initiative ensures that breeders, regardless of their own IP position, can access patented traits under fair and reasonable terms, prevent-ing market distortions and fostering collaboration. The ACLP does not aim at promoting a specific IP position, it is a technical tool to answer a given situation where PVR and patents are both available to protect plant related inventions and provide for a balanced co-existence of the two systems to the benefit of plant breeders, explained Claudia Hallebach, President of the ACLP and KWS Head of Global Legal and Intellectual Property. Claudia Hallebach, Head of Global Legal and Intellectual Property / GeneralSome patent holders had already developed their own licensing Counsel at KWS Group and President of the ACLP platform, but agreeing together to share all their patents under a standard license agreement in a single platform is quite unique. for example some drought or disease resistance genes, it is necessaryAll patented traits of the ACLP members that are present in that legal instruments protect this intensive work for companies toagricultural crop varieties which are commercially available for cul-get a fair return on investment. tivation on the open market in the ACLP territory (countries of the In Europe, plant varieties can be protected under the PlantEuropean Patent Office, Ukraine and Russia) are accessible through Breeders Rights (PBR) system, established by the UPOVthe licensing platform. Convention 2 , which grants breeders the ability to market their innovations while allowing others to use them for further breeding.MORE THAN 95% OF PATENTED PLANT TRAITS However, technological inventions, such as new traits or breedingAVAILABLE UNDER FAIR LICENSINGtechniques, may be protected by patents, provided they meet theThe ACLP platform members holding patents within the European legal requirements of novelty, inventive step, and industrial applica- territory are required to provide access to their entire portfolio bility. Over the years, European regulations have clarified that plantwithin the ACLP framework and disclose it on the PINTO data-varieties and essentially biological processes (breeding processesbase without exemption. This all-in approach eliminates uncertainty based on crossing and selection for the production of plants) cannotand ensures informed breeding decisions. By accessing patented be patented, ensuring that traditional breeding remains accessible. traits via the ACLP, breeding companies gain the right to conduct SMEs wishing to access patented innovations can face somefree breeding with a patented trait in 40 countries, by simply signing obstacles: lack of transparency regarding the existence of a patenteda standard non-assert agreement with the patent holder. trait, complexity in negotiating with a patent holder, involvement ofIf the patented element remains in the new variety that a seed a legal firm, insecurity about fair terms and conditions, etc. Thesecompany intends to commercialize, a license must be obtained from time-consuming and expensive processes could lead some compa- the patent owner. To ensure availability, the ACLPs founding nies to refrain from breeding with the latest innovations or to fearmembers have agreed on a standard license agreement template in an infringement when using a new variety released on the market.which the royalty fee is the only element that needs to be negoti-Over the past decade, several initiatives both from associ- ated. If no agreement is reached within six months, an arbitration ations as well as the breeding industry have emerged to addressprocess can be requested by the parties. This process results in a these issues. To improve transparency regarding patented traits inguaranteed license, ensuring that breeders can access over 95% of marketed plant varieties, Euroseedsthe voice of the Europeanpatented traits, avoiding lengthy negotiations or legal uncertainties. plant breeding and seed sectoris hosting the voluntary data- The membership fee is small, proportionate to the size of the com-base PINTO, where companies can display their patents and thepany, and only aims at covering the running costs of the association. plant varieties falling under those patents. To complete this effortAll templates (non-assert, standard license agreement) and rules are of transparency, some companies, including the vast majority ofavailable for free on the website: www.aclp.eu patent holders in Europe, have even taken a further step and builtThe plant breeding sector has demonstrated its commitment platforms to facilitate access to their patents. These platforms striketo transparency, guaranteed access to innovation and fair licensing a balance between rewarding innovation and ensuring fair availabil- for all. The members of the ACLP trust there is big potential ahead ity so no single entity can monopolize critical patented inventions.for the plant breeding industry, ensuring that future advancements The success of licensing platforms has been demonstrated in manyremain accessible to allbenefiting breeders, farmers, consumers, industries and for example the mobile phone sector has greatly ben- and society as a whole. 2 The International Union for the Protection of New Varieties of Plants (UPOV)was established by the International Convention for the Protection of New Varieties of Plants adopted in Paris in 1961 (revised in 1972, 1978 and 1991) to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.24ISEED WORLD EUROPEISEEDWORLD.COM/EUROPE | MAY 2025'