b'GIANT VIEWSBY: JOERG THOMAIERWHAT A SUSTAINABLE ECOSYSTEM IN AGRICULTURE CAN DOgenome edited crops known worldwide atsame conditions as those of the plant vari-the end of May 2024, came from China.ety protection regulation (2100/94). Small Can these innovations be made avail- farmers do not have to pay anything.able also to farmers in the EU? Small and medium-size breeders are With its proposed regulation foroften concerned about lack of transparency new genomic techniques (NGT), the EUand blocked access to patented innova-commission intends to create a growingtion, although according to a recent Swiss economy in this sector and boost Europesstudy, the problem seems to be smaller than competitiveness. As this seems to be a firstperceived. To support transparency and significant step to be achieved, how caninnovation dissemination for all breeders, contributions from the breeding sectorvoluntary initiatives have been developed benefit farmers, consumers and society?during the last years. For example, for Innovations such as gene editing and NGTsguaranteed transparency and access to com-offer new opportunities and can contributemercialized patented traits in Europe, there to Europes competitiveness, however, theyis the PINTO database, the Agricultural require significant investments. The abilityCrop Licensing Platform (ACLP)), or dif-to protect plant innovations with adequateferent private initiatives like Bayers small By Joerg Thomaier, Head of IP, Bayer Group Intellectual Property (IP) tools, includingbreeders initiative. As one of several ACLP patents, is therefore essential to securefounding members, Bayer stands for its IP sustainable investments in the breeding ofprinciples and encourages others to join. crops using NGTs. The success of all licensing platforms to I ncreasing yields, disease resistance,Patentability is an essential componentdisseminate innovation is dependent on the stress tolerance and improved food andof a robust IP protection scheme and plantnumber of participants and whether licenses feed quality have always been key goalsvariety protection is essential for protectingare provided in a fair and transparent way. for breeders and seem to become even morevarieties, but not the technical innovationsParticipating companies are open to explore important. With climate change, farmersin plant traits. Both tools are complemen- further extension of these initiatives, should are facing critical challenges, for example,tary. This is needed to incentivize and stim- these gain broad attraction.less water, less arable land, more extremeulate investments in these new technologies.For Europe to reach its envisaged goal weather conditions, but also new plant dis- That is why an attack on patent law is oftenand to boost its economic growth in the eases, and new pests. There is a constantseen as an attack on innovation affectingagricultural sector by successfully intro-need to develop new solutions that cannot only corporations, but also innovativeducing NGT plants, implementation of the withstand these threats, of which improvedSMEs and start-ups. They all rely on pat- NGT regulation is necessary, providing for plant varieties are an important component.ents to protect their innovations and securea clear path to market, while leaving patent In addition, food security and quality mustinvestments in Europe.protection unaffected. Patents, together be provided for a continuously growingVery often, the question is raised, howwith fair licenses, do not block access but population. farmers benefit from patented innovation?create transparency and stimulate innova-New technologies such as genomeAn economic study (Ogura) which lookedtion while enabling its dissemination to editing are expected to make an impor- at the distribution of the value of a patentedmany breeders, ultimately providing more tant contribution. Several countries havetrait in oilseed rape seeds found that 80%choice and value-added solutions for farm-already recognized the potential of thoseof the overall value generated goes to theers. The goal is to achieve an innovation new technologies with cultivation approvalsfarmer and downstream users. Patents areecosystem for NGTs in Europe that better issued making improved varieties availabletherefore not mainly contributing to directaddresses the challenges in agriculture to farmers in those regions. In China forrevenues towards the innovating compa- now and in the future, by providing a reli-example, a disease resistant, higher yieldingnies but also towards farmers and societyable legal framework for patent protection genome-edited wheat was approved for cul- for the largest part. In addition, under theto stimulate innovation on the one hand, tivation in May 2024. According to a recentEU Biopatent Directive (98/44/EC), farm- while promoting access for all breeders on report, 509 of the 900 breeding projects forers are entitled to save seeds under the exactthe other. 60ISEED WORLD EUROPEISEEDWORLD.COM/EUROPE'