b'time necessary to develop a new variety.ing a license on their patent on fair condi- NGT proposal is trying to achieve, and CLE supports the implementation of suchtions to any other member requesting it forseparately there needs to be an appropriate a breeders exemption by all EU Membera new variety created under the breedersIP framework enabling all actors to protect States in their patent laws, regardless ofexemption. Only the royalty rate remainsthe results of their R&D efforts. whether they ratified the UPCA or not. to be agreed between the parties. To avoidThe CLE members active in seeds are excessive royalty rates, either high or low,mostly companies that are both breeding WOULD BREEDERS NOT KNOWboth licensing platforms have establishedcompanies developing new varieties and IF A COMMERCIAL VARIETY ISan arbitral mechanism to be activated inbiotech companies developing new traits PROTECTED BY A PATENT? case the parties find themselves unable tofor their varieties. They are also mindful This is admittedly not as straightforwardreach agreement. This arbitral mechanismof the negative perception that patents for a breeder to verify if a commercialoperates under the principles of baseballmay carry to those not familiar with them. variety contains a patented trait. Howeverarbitration.CLE therefore requested this study about most recently, to enable breeders to makethe factual nature and effects of patents in informed decisions whether to use a givenWOULD FARMERS BEthe plant breeding sector, as summarized commercial variety under the breedersPREVENTED TO SAVE SEEDSin this article.exemption, the European seed industryWITH PATENTS? Not only do patents not hinder breed-association, Euroseeds, has developed aThe CLE study clearly highlighted thating, but they also generate much value to database named PINTO 2in which compa- the right for farmers to save seed existsfarmers and society as demonstrated in nies list their commercial varieties coveredin both PVP and patent laws in Europe.the study on the Ogura trait patented by by patents. The database can be searched byThis right exists under the patent rules ofINRAE 5 . the variety denomination, and it indicatesthe Directive 98/44/EC, which expresslyCLE believes that with strong PVP immediately if a patent covers a trait in thatrefers to the legal provisions of the EU PVPand patents, companies will be incentiv-variety, also indicating the patent numberRegulation 2100/94 for its implementation.ised to develop NGT plants. Together with and the name of its holder.Farmers therefore not only have thethe transparency and licensing tools that right to save seeds of a variety containinghave been developed, NGT plants will be WOULD BREEDERS BE UNABLEa patented trait, but this right is also appli- accessible to all breeding companies what-TO COMMERCIALISE THEIRcable under the exact same conditions asever their size, thereby enabling European NEW VARIETIES BECAUSE OFunder PVP law. farmers to be competitive and have access PATENTS? The CLE study shows that the currentto such plants in a large offering of varieties If, by using a commercial variety contain- IP framework in Europe is already wellfrom the whole European breeding sector. ing a patented trait identified with PINTO,adapted to the development of NGT plants.a breeder creates a new variety under theCLE considers that for NGT plantsEditors Note: Herv Monconduit is the Head breeders exemption containing the patentedto reach European farmers in the comingof Patents, Bayer SAS, France, EU and French trait, he needs to obtain a license from theyears, there needs to be both an appropriatepatent attorney and Chair of the IP expert patent holder to commercialise it.regulatory framework, which the currentgroup of CropLife International. To facilitate access to patented mate-rial, the majority of seed companies in Europe have committed to license their patented traits to any breeder asking for it through licensing platforms. Notably there are two licensing platforms coveringhttps://www.seedworld.com/europe/2024/05/21/incentivizing-the-development-of-new-the EU, the ILP for vegetables 3 , created inproducts-for-european-farmers/2014, and the ACLP, for agricultural crops 4 ,https://www.seedworld.com/europe/2024/05/23/is-ip-indeed-an-easy-dossier/created in 2023. Both oblige their membershttps://www.seedworld.com/europe/2025/01/03/we-cant-do-it-without-patents-2/holding patents on traits to commit grant-2 https://euroseeds.eu/pinto-patent-information-and-transparency-on-line/3 https://www.ilp-vegetable.org/4 https://aclp.eu/5 https://croplife.org/wp-content/uploads/2014/11/Ogura-Final-report.pdfThis study demonstrated that 80% of the economic value generated with a patented trait has gone to the farmers and to the downstream users in the value chain up to consumers.28ISEED WORLD EUROPEISEEDWORLD.COM/EUROPE | MAY 2025'