Blog Posts

The UK offers an ideal platform for harnessing the untapped potential of soil and plant microorganisms. Although much of my professional experience has focused on the human microbiome, I have always had an interest in the soil and plant microbiome. What amazes me is the diversity of microorganisms present in the soil, which is surprisingly much higher than that of the human gut. Many of these microorganisms remain uncharacterised, and their potential for biotechnology and, more specifically, ag...

The European Parliament and Council have reached a provisional agreement for plants developed using New Genomic Techniques (NGTs) – below we summarise the main points and set out the requirements relating to patents and licensing. With the aim of enabling innovative plant breeding and to maintain Europe’s ability to be competitive in the International playing field, the proposal confirms that NGT-1 plants will undergo a verification process and, if they meet certain criteria, will be considered...

Can the supply of a plant variety without clear and defined restrictions on its use be an implicit consent to commercialise it? This case centres on the evidence required to establish “serious doubts” regarding novelty of the well-known Cripps Pink (“Pink Lady”) and Cripps Red (“Sundowner”) apple varieties. As a reminder, novelty of a plant variety right is assessed using a test of “commercial novelty”, rather than a test of “absolute novelty” as used in patent law. The EU General Court de...

A recent European Union court decision considers the issue of implied consent to commercialise a plant variety, and whether the evidence meets the threshold of “serious doubts” of the validity of the EU plant variety right. This decision highlights the steps breeders should take when distributing new varieties for field trials to avoid accidentally voiding their plant variety rights. Decision T‑159/24 comes after a long-standing dispute over apple tree varieties Cripps Pink and Cripps Red, w...

As we head into a new season, it’s a good time to revisit the current status of protection for Essentially Derived Varieties (EDVs) and plants derived from New Genomic Techniques (NGTs). The “Breeders Exemption” allows the development of new varieties from a protected variety without having to wait for the initial PVR to expire. If the new variety falls within the definition of an EDV, as set out below, its owner will need permission from the initial PVR holder in order to commercialise it, so ...