Plant breeders’ rights at a crossroads

In an era of accelerating climate change, evolving consumer demands, and rapid technological progress, the role of Plant Breeders’ Rights (PBRs) has never been more crucial. Yet, compared to other Intellectual Property (IP) rights, PBRs remain under-recognised and, in many respects, underestimated.

PBRs grant breeders exclusive rights over their new plant varieties for a fixed period. For decades, this system has provided the legal certainty necessary for breeders to invest in innovation—leading to the development of more resilient, productive, and visually appealing plant varieties. But today, this essential tool faces growing pressures from legal, technological, and market challenges that raise fundamental questions about its future.

Some of these issues will be the focus of discussion at the Ciopora Midterm Meeting in Madrid, Spain, where stakeholders will explore the state of PBRs, the challenges ahead, and strategies to ensure innovation in horticulture can thrive.

A challenging landscape for PBRs

Recent years have not been easy for PBRs, particularly in horticultural crops. Several developments have raised doubts about the strength of the system and whether it remains fully fit for purpose.

For example, the Nadorcott Decision (Case C-176/18) of the European Court of Justice has been widely regarded as detrimental to titleholders, weakening confidence in enforcement. Combined with rising infringement – especially in the digital era – high registration costs, and a decline in applications in some jurisdictions (notably for ornamentals), the system is showing signs of strain.

“Despite the pressures, Plant Breeders’ Rights remain the cornerstone of innovation in our sector. The real challenge now is how we can strengthen and adapt them to ensure their relevance for the future,” says Dr Edgar Krieger, secretary general of Ciopora.

New breeding techniques and the future of PBR

Adding another layer of complexity are the New Genomic Techniques (NGTs), which promise faster, more precise, and more cost-effective breeding methods. While these techniques are advancing quickly across the globe, the lack of regulatory harmonisation creates uncertainty for breeders seeking consistent protection.

For PBRs to remain relevant in the era of gene editing, legal frameworks must evolve, providing clarity and certainty for innovators while aligning with scientific and technological progress.

The International Union for the Protection of New Varieties of Plants (UPOV) has long played a central role in harmonising plant variety protection worldwide. Yet, with enforcement challenges, high costs, growing application of NGTs, and stronger opposition to IP in some regions, questions are increasingly being raised about UPOV’s capacity to address today’s fragmented landscape.

Beyond PBR: Learning from other IP systems

In a market that demands faster variety development and stronger protection, PBRs alone may not be sufficient. Breeders are increasingly turning to other IP tools – such as trademarks, patents, and even copyright – to complement their strategies and secure broader, more durable protection.

Still, the foundation must remain a robust and effective PBR system. To strengthen it, the sector can draw lessons from other industries – such as pharmaceuticals and digital media – that have faced similarly complex IP environments, strong opposition, and enforcement hurdles.

Looking ahead: The next decade of horticultural innovation

The horticultural sector faces both immense opportunity and significant uncertainty. Demand for climate-resilient, high-quality plants is rising globally, but the IP frameworks that enable breeders to deliver these innovations are under pressure.

While many questions remain open, one thing is certain: now is the time to look ahead and act. Krieger emphasizes that “Ciopora is committed to working with breeders, the value chain, and policymakers to shape future IP frameworks that are robust, efficient, and fair – ensuring innovation continues to benefit breeders, growers, the environment, and society as a whole”.
 

The Ciopora Midterm Meeting takes place from 09:00-18:00 on Friday, 26 September in Madrid, Spain. For more information visit: https://www.ciopora.org/midterm-meeting