A strong intellectual property protection system fosters innovation because it rewards risk-taking and investment with a limited period of exclusive use, after which the product is in the public domain. Plant breeding innovation plays a key role in driving long-term agricultural productivity, rural development, and environmental sustainability by encouraging the creation of new solutions. The […]
Worldwide, many of the patent holders on latest plant breeding methods (such as CRISPR technologies) are universities and research institutes. The patent landscape for gene editing is dynamic and rapidly evolving in key countries and globally. Since the early days of CRISPR use, the number of patents describing these tools has increased. These patents originate
Who owns the patents on tools for plant breeding innovation? Read More »
In general, the latest plant breeding tools could be available to plant breeders through licensing, including those at academic and public research institutes, and companies of all sizes, from multinationals to small and medium-sized enterprises. The seed sector is encouraging the use of licensing platforms to promote the dissemination of knowledge and facilitate access to
Depending on national patent laws, the techniques and/or the characteristics resulting from gene editing may or may not be eligible for patents. Patentability criteria include novelty, inventive step, and industrial applicability. All patent rights are time limited and are published, they have geographical limitations and, while some countries do not permit breeding with plants containing
How can patents on plants made with gene editing affect plant breeding? Read More »
Intellectual property protection rights are equally applicable to varieties developed using conventional methods or plant breeding innovation like gene editing. Therefore, the ability for farmers to save seeds of a variety, will depend on the variety’s IP protection status and the national legal framework.
The foundation of variety identification for plant variety protection is based on phenotypical characteristics and therefore genetic sequence information or molecular markers may not automatically be available or used in variety protection. Additionally, the genetic information when used in supporting plant variety protection is not necessarily associated with specific sequence change that may or may
A growing number of countries have policies based on an overarching principle that plants resulting from latest breeding methods with genetic changes comparable to the outcomes that could occur spontaneously in nature or via traditional breeding are not differentially regulated from traditionally bred plants. These countries follow the generally accepted legal principle of non-discrimination, so
Are products of plant breeding innovation regulated? Read More »
ISF believes that alignment around the scope of regulatory oversight for gene edited products is critical to fostering innovation and competitiveness. A key component of government evaluations is the intent of their current legislative frameworks and with this the interpretation of their GMO or other associated definitions. Most countries are considering how or if these
The seed sector is an international business. Countries should consider the global impacts that different regulatory processes may have on global seed movement, exchange and access to germplasm globally, agriculture, trade and research collaborations. If policies for plants developed through plant breeding innovations are not aligned globally, this will limit the ability of researchers and
As products of plant breeding innovation began to near commercialization it raised the question of whether these plant varieties should be assessed and managed under existing GMO/biotechnology regulations, or whether they should be regulated in the same way as traditional plant varieties. The International Seed Federation promotes innovation in plant breeding, and advocates for government
No. The regulatory status for plants resulting from the latest breeding methods is not linked to the question if they can be protected by intellectual property rights such as patents. These are unrelated questions and governed by different legal frameworks each having different objectives. For example, if a gene-edited product is excluded from national GMO/biotechnology
Although unintended mutations do not pose unique safety concerns, plant breeders use well-established plant breeding and selection practices for new plant variety development that effectively identify and remove off-type plants while retaining plants with the desired, improved characteristics. Off-types due to introduced mutations, regardless of whether they are spontaneous, induced, or through gene editing, will
What can be done to minimize unintended mutations when using gene editing tools? Read More »
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