The use of patents in plant breeding has been a hotly debated topic and this is an outcome that the NFU both independently, and as part of Copa-Cogeca, has been lobbying for over the last 12 months.
What was the NFU Position?
The NFU cautioned that patents granted for plant traits and varieties obtained through biological processes such as classical crossing and selection sets a dangerous precedent.
We said if such an approach were to continue it would undermine the existing Plant Variety Right system posing a serious long term threat to agricultural research investment, genetic diversity and ultimately food security.
You can read our full position in the related documents section at the bottom of this page (please note you may need your membership log in details).
Why do plant patents matter to me?
Currently the Plant Variety Rights (PVR) system contains two important principles - the breeders privilege and the farmers exemption. The breeders privilege allows any existing plant variety to be freely used as starting material by other plant breeders in order to develop new varieties. These new varieties can then in turn be freely used as starting material for other breeders, hence fostering innovation.
The farmers exemption gives farmers the right to farm saved seed - providing the total amount saved is declared and the correct royalties paid for eligible varieties.
Patents grant the holder the right to prevent third parties from making, using, selling or importing their invention. As such any plant variety containing patented material would not be eligible for use by other breeders as use of the patent would require a license,
These licenses are controlled by the patent holder and negotiations can take many years, hence allowing the holders of key patents to potentially dominate the market blocking investment during proceedings. Transaction costs within the supply chain would also increase, hence discouraging potential future agricultural R&D and ultimately impacting input costs on farm.