I wanted to share a quick summary of an interesting article I came across in NZZ (Swiss newspaper) about intellectual property issues related to plant breeding and patents in Europe. The article, written by Simon Degelo, highlights how patents on genetically engineered plants are becoming a growing problem, particularly for smaller breeding companies.
Although patents on plant varieties are technically banned in Europe, large agricultural companies are finding loopholes to patent plants produced through genetic engineering techniques. As a result, over 1000 plant varieties that were conventionally bred are now patented, according to a report by the coalition “No Patents on Seeds”. This restricts the ability of smaller breeders to access these plants, as they would need to pay expensive licensing fees. There’s a high risk that patented genetic material could end up in their crops without their knowledge and therefore exposing them to legal liabilities. These patented products are nearly indistinguishable from conventionally bred plants. This could stifle innovation and concentrate power within a few large corporations.
The article emphasizes the need for clearer European patent laws to prevent the monopolization of plant breeding by big agribusinesses. It also argues for the protection of traditional breeding methods, especially in the Global South, where farmers are developing plant varieties that can resist climate change and pests, often with minimal inputs like fertilizers. Ensuring access to these resources is essential for maintaining global food security.
It’s an example of how IP law intersects with innovation and ethical considerations, especially in sectors like agriculture that have such a broad societal impact.
NZZ Article: https://www.nzz.ch/meinung/gentechnik-keine-patente-auf-pflanzensorten-ld.1747658
No Patents on Seeds Article: https://www.no-patents-on-seeds.org/sites/default/files/news/2023%20Bericht%20NPOS_0.pdf
Copyright & Social Media
Communications Law
Hi Stephanie,
I vaguely remember reading about this issue a while back, and when I learned that patents on plant varieties are banned in Europe, I anticipated that clever lawyers representing large agricultural companies would seek loopholes in that law. It comes as no surprise to me that those loopholes have been found and that smaller breeders are suffering as a consequence.
Regarding the liability issues that small breeders might face due to patented genetic material inadvertently ending up in their crops—whether from wind, cross-pollination, or other uncontrollable natural factors—it got me thinking. If large agricultural corporations are using the law to stifle innovation and concentrate their own power, could it be possible to turn the tables by using their own tactics against them?
While small breeders may lack the same access to lawyers and resources as these corporations, I wonder if property law related to trespassing, for example, could be employed against them. It may sound far-fetched, but if the corporations want to tango, perhaps it remains to smaller breeders to give them a dance…
You will be reading the Supreme Court of Canada’s decision in the Schmeiser case which is on point. If you want to watch a film on the subject, check out this trailer https://youtu.be/KjubNsObkEg?si=90l3mZR5RUI3PBOr
We will be discussing the case near the end of the semester.
Jon