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ARTICLE · 27 MAY 2024

EU Ban On Plant Patents: Possible Compromise?

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Euractiv are reporting a possible compromise on the EU Parliament's controversial proposals to ban patents on plants. It seems one possible option being considered is to either limit the restriction...

European UnionIntellectual Property

Euractiv are reporting a possible compromise on the EU Parliament's controversial proposals to ban patents on plants. It seems one possible option being considered is to either limit the restriction on patenting to Category 1 NGT plants (those which must differ by no more than 20 genetic modifications from the parent plant in order to benefit from exemption, and which "could also occur naturally or be produced by conventional breeding techniques"); or to require that rights holders should agree not to enforce their rights in respect of these plants. Category 2 NGT plants would remain subject to more stringent regulation before being allowed to be grown, and presumably would still remain patentable.

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