Plant patents: from exclusivity to inclusivity

26-05-2017 Print this page
B914975

BIE special 2017, p. 29-33, Geertrui Van Overwalle "Patents on plants have always been a ‘hot potato’. Similarly, the relationship between patents on plants and plant breeder’s rights has been subject of an intense societal and academic debate. Most recently, the grant of patents for plants resulting from essentially biological processes, notably tomatoes with reduced fruit water content and broccoli with anti-cancer potential, spurred stormy disputes. Decisions on the scope of plant biotech patents equally fueled a legal battle. In the ongoing debate, the writings of Paul van der Kooij have contributed a lot in uncovering and understanding the complex legal landscape at hand, and in tempering the tone of the discussion with well-crafted legal arguments. But, what characterizes Paul’s approach in this debate even more, is his genuine interest and his warm attention and affection for the impact of intellectual property legislation on the daily concerns and livelihoods of breeders, big or small. The present essay is an attempt to add to Paul’s unique and multi-faceted approach, and entice him with an optimistic essay on the inclusive potential of plant patents."