Genetic patents in plant biotechnology

Abstract

Genetic patenting is an area of heated debate in scientific, legal and economic fora, especially as regards the human genome, but increasingly also with respect to plant biotechnology given the large economic stakes involved (Louwaars et al, 2009; Baillie & Connett Porceddu, 2012). In 2008, the global seed industry had an annual turnover of 2.7 billion Euro. These seeds do not only form the basis for a total product market with an annual turnover of 250 billion Euro, but are of central importance for the global food supply (Louwaars et al, 2009). Intellectual property rights on plants are governed through two different regimes: plant breeders’ rights and patents. This paper focuses on the latter.