The Patent Governance of Agricultural Genome Editing: An Expert Report

Abstract

This report explores the complexities of patent governance in the context of new genomic techniques (NGTs) and, in particular, the implications for Ukraine. NGTs such as CRISPR-Cas9 hold great potential for global food security and sustainability, improving the quality of foodstuffs, increasing crop yield and reducing reliance on pesticides or herbicides in agriculture. Yet there remains uncertainty about how such technologies will be regulated in a manner which can be considered equitable, socially responsible and ethical. In particular, there are concerns that researchers, plant breeders and farmers may unintentionally infringe patents on NGTs, and that patents will consequently have a chilling effect on the scaling up and use of such technologies if there is hesitancy driven by legal uncertainty about using NGTs. Within this complex policy landscape, the participants attending a workshop at Queen Mary University of London on 5 June 2025 considered the role of the patent system in the governance of NGTs, addressing the regulatory challenges facing Ukraine’s agricultural sector and considering how this could be achieved in a manner capable of enhancing economic development and free trade, balancing the interests of researchers, plant breeders and farmers both locally and internationally while contributing positively to sustainability and global food security. This report summarises the main points discussed during the workshop and the conclusions reached.

The Ukrainian translation of this paper is available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5556860

Keywords: agriculture, genome editing, patents, CRISPR, Ukraine