EU Parliament on Patents for NGR-Derived Plants: Pawn Sacrifice or Sacrificed to the Pawns?

Abstract

On February 7, 2024, the European Parliament adapted several amendments to the EU Commission’s proposal for a regulation on plants obtained by new genomic techniques. The amendments – if implemented – would fundamentally change the role of patents on plants in the EU. As some provision have a retro-active effect, not only future NGT-derived plants, but also currently patented plants would be affected. This article discusses the proposed amendments, feasibility of their implementation, and their effectiveness to achieve the legislative intent. It also discusses potential next steps and implications for breeders and innovators in the EU.

Keywords: New genomic techniques, EU parliament, patentability

JEL Classification: K, Q