b'EDITORS MESSAGEwww.meetmany.eu#GrowingTheFutureWE CANT DO ITWITHOUT PATENTS 13 16BREEDERS EXEMPTION as cooperation between the EPO and theOctober 2024To ensure that patent-protected plants canCommunity Plant Variety Office (CPVO).be used in breeding programs for the devel- Patents also guarantee transparencyCOPENHAGENopment of new varieties, a limited breedersabout innovations. Public and private sector exemption has been introduced in the patentresearchers, large and small, all benefit law of several European countries and in thefrom the exchange of information enabled Unitary Patent System. This allows patentedthrough this transparency. We would not be traits and biological material to be used forable to generate this much exchange if inno-further variety development. However, invations were to remain trade secrets within the same way as for essentially derived varie- the organization that developed them.ties in PBR regulations, a license is required in case the patented element is present inENABLING ACCESS TO new commercial varieties. PATENTED TRAITSThere are several platforms that help plant INTELLECTUAL PROPERTY &breeders access patents. Anyone discuss-Marcel Bruins REGULATORY FRAMEWORKSing patents in the plant breeding and seed HAVE DISTINCT OBJECTIVES sector should be fully aware of and promote N ow that the discussions on NewBeware: IP protection issues should not bethese platforms. uralCropLicensing Genomic Techniques (NGTs) andconfused with issues related to the regu- Agricultpatenting are heating up, I keeplatory approval of products. These are twoPlatform (ACLP). Members of this plat-coming back to the same thought: patentingdistinct legal frameworks and the condi- form commit to granting licenses to their is not a bad thing. It has numeroustions laid down by one and the other havecommercially patented traits to other mem-benefits in all sectors, including the plantbeen chosen by the legislature to respondbers. By licensing on fair conditions, the breeding and seed sector. Unfortunately,to these specific objectives. In the plantplatform facilitates access to germplasm. It the discussion is filled with mis- andbiotech sector, the objective of a regulatoryis open to all private or public sector organ-disinformation generated by certain actorsframework is to protect human and animalizations. https://aclp.eu/ making statements that do not hold uphealth and the environment, whereas the IP International Licensing Platform to the facts. For people familiar withlegal system is designed to stimulate inno- Vegetable (ILP). This platform ensures the matter, it is easy to debunk all thevation in all fields of technology. Whetheraccess on a global level to patents covering misrepresentations. For those who are nota product falls under the regulatory frame- biological material for breeding of vegeta-familiar with the seed sector, however, itwork for biotechnology or not has no bear- bles. https://www.ilp-vegetable.org/Euroseeds2024 Congress is looking forward to welcoming you in Copenhagen!becomes more difficult to distinguish facting on the ability of such a product to be Euroseeds PINTO Database. This from fiction.protected by an IP right. It is perfectlydatabase makes the link between a com-possible that a method or a product meetsmercial plant variety and a patent or patent NEEDED: A BALANCED IPthe criteria for patentability but may not beapplication, and in that way generates the SYSTEM regulated as a GMO. Likewise, a productabovementioned transparency. https:// WHAT TO EXPECT :We know that biotechnological innova- or method may be regulated as a GMO buteuroseeds.eu/pinto-patent-informa- A ground-breaking event filled with relevant policy discussions, successful trade,tions (including gene editing), have beennot meet the patentability criteria. tion-and-transparency-on-line/business and networking opportunities. and will continue to play a crucial role in ensuring and increasing the productivityENSURING A BALANCEDBACK TO THE GRAVE? WHO SHOULD ATTEND :of agriculture. With these innovations,SYSTEM WITH HIGH-QUALITYIf we were to go towards heavy regulation ofSeed professionals from all over the world.scientists can make very specific changesPATENTSNGTs and no patenting of NGT plants, asWHEN and WHERE :in a plant in order to develop new varie- It is important to ensure that only high-qual- certain interest groups advocate, we would13 October 2024: Welcome Eveningties with targeted desirable characteristics.ity patents are granted. For plant-relatedeffectively kill all incentive to use new14-16 October 2024: Section Meetings, Assembly General, Trade and Exhibition activities.This makes them one of the most powerfulinnovations, this is ensured at patentinggenomic techniques, and wed be carrying tools to combat climate change. To ensurethrough the rigorous examination of eachNGTs to the grave, as we did with GMOs. a continuous stream of innovation, how- patentability criterion (novelty, inventive step,Lets not be fooled by the false narrative ever, we need a balanced IP system thatsufficiency of disclosure, clarity), as outlinedof some actors. If we are serious about the is based on high-quality plant breedersin the European Patent Office (EPO)s patentGreen Deal and Farm to Fork objectives, weFor more information visit: euroseedscongress.comrights (PBR) for varieties and patents forexamination guidelines for plant material.cant do it without patents on NGTs. or contact euroseeds.congress@meetmany.euplant biotechnology inventions. These pro- The implementation, continuous improve-tections provide the incentive to all breedersment and examination of plant patenting hasMarcel Bruinsand inventors (public & private sector) tobeen made possible through regular, fruitfuleditorial director, Seed World Europecontinue to innovate.exchanges with the staff of the EPO, as wellmbruins@seedworldgroup.com4ISEED WORLD EUROPEISEEDWORLD.COM/EUROPE'