The report "Intellectual Property Rights for Plants - Analysis of IP Rights regarding plant-related innovation: Plant variety Rights & Patents - How it works" has been prepared by Mr. Martin Ekvad on behalf of Växtnoden, which is a project of the Royal Swedish Academy of Foresty and Agriculture.
Martin Ekvad was President of the CPVO for 10 years (2011-2022). Prior to that he was the Head of the legal service of the CPVO. He has also worked as a lawyer at the law firm Linklaters in Brussels and Magnusson Whalin Law Firm in Stockholm.
The main purpose of this report is to highlight the role of plant intellectual property rights in plant breeding. Parts of the study explain the legal landscape, but the intention is also to present balances and choices and thereby stimulate further discussions.
The report explains some horizontal aspects of patents and plant variety rights in relation to plant-related innovations. The report also examines in greater details what can be protected by patents and by plant variety rights, and their scope of protection. These aspects are often raised in the public debate but it is far too often that there are misunderstandings.
The Royal Swedish Academy of Foresty and Agriculture (KLSA) is an independent meeting place where dialogues on important issues affecting the green indiustries are in focus. Plant breeding has been key to success in developing crops for sustianble food production both in terms of increased production, but also in ortder to achieve the best possible adaptation to current agricuktural realities. Over time it has bcome increasingly important that we have tools that inb a fast, efficient an dprecise way reuslt in sustainable crops for both the present and the future.