Intellectual Property, New Genomic Technologies and Plant Innovation: Clearing Innovation Pathways

Abstract New genomic technologies (NGTs) such as genome editing – the modification of DNA in living cells – promise to revolutionize agriculture. Beyond simply yielding new, commercially viable crop varieties, NGTs also hold out the promise of using novel crops as a “biosolution” – methods to improve sustainability practices by reducing pesticide usage, improving drought tolerance, increasing yield, and minimizing food and fertilizer waste. At the same time, the complex global system of intellectual property (IP) protection for crops has largely been unchanged for decades. There is accordingly some concern that the current crop IP system will not bring the promise of agricultural biosolutions to fruition. This article reviews NGTs as biosolution and explores how they fit into the current international IP system for crops. Against this backdrop, the article also reviews several proposals to modify the crop IP regime and the recently enacted EU legislation in this field, before tentatively suggesting recommendations for rebalancing the incentive structures in crop IP.