A Comprehensive Approach to Plant Variety Rights and Patents in the Field of Innovative Plants

Abstract

The paper explores how intellectual property may foster innovation in the plant sector. The issue is high on the agenda of the European Patent Office, as shown by the Enlarged Board of Appeal’s recently issued opinion in respect of case G 3/19 (“Pepper”). The paper provides an overview of current areas of innovation in green biotechnology plant breeding and various actors involved in the field. It also sketches the economic foundations of generating plant innovations. In its main part, the paper attempts to develop a comprehensive approach for protecting innovative plants based on the current regime of PVR and patent protection before it draws an outline of a possible future unification of the two regimes.