To Solve the IP Puzzle of NGTs!

The EU is facing important decisions for its international competitiveness: Will the continent participate in key future issues, or will it continue to lose ground in the global comparison? In order to continue being a significant research and production location in the agricultural sector, Europe needs to embrace key technologies of the 21st century for the nourishment of humanity. Otherwise, Europe as a location would effectively remove itself in the area of genome editing.

Therefore, jointly with many other small and larger market participants, we call on the EU to enable investments in Europe and to recognize and endorse the crucial role of intellectual property (IP) including patents in promoting agricultural innovation in Europe and securing the region’s competitiveness in the biotech revolution. Our call is urgent and timely, as the environment around New Genomic Techniques (NGTs) continues to evolve in two major ways: (1) scientific developments continue to advance rapidly, and (2) the European Union’s institutions are working to shape a suitable legislative framework for innovative plant breeding technologies. The NGT proposal is currently in trilogue negotiations between European Parliament and Council, facilitated by the Commission, and the debate over IP rights – particularly patents – has become a focal point of the negotiations.

In July 2023, the European Commission issued a proposal to regulate NGT plants. The proposal aims to provide a regulatory pathway for the development and commercialization of these crops while addressing public concerns about safety, transparency, and innovation. Bayer welcomes this initiative, which acknowledges the promising role of NGTs – commonly referred to as gene editing – in addressing key challenges facing European farmers. NGTs offer powerful tools to develop climate-resilient crops, enhance food security, and create new varieties of field crops, fruits, and vegetables that meet both farmers’ needs and consumer demands. By unlocking these innovations, NGTs can also strengthen Europe’s global competitiveness in agriculture.

Debate over Intellectual Property (IP)

Since its publication, the proposal has sparked an intense debate among EU institutions, across Member States, and within and across political groups, with the question of patentability of NGT plants being a crucial area of dispute. 

What are the concerns? 

One concern against patents on NGTs stands out in the actual debate: some fear that patents could limit equitable access to genetic material and increase the sector’s dependence on a few large companies. 

Patents are catalysts that fuel research, investment, and knowledge sharing

This concern overlooks the important benefits of IP protection for the economy as a whole. IP rights are a cornerstone of innovation across the sector, providing companies and research institutions of all sizes with incentives to invest in R&D. Indeed, the European Commission itself recognises that patents are a key driver of European leadership and competitiveness in the life sciences sector. 

Patents not only enable investments but also provide transparency and build trust, as each patent comes with the obligation to disclose technical details—well before commercialization. This facilitates further research and progress. The alternative would be secrecy, which would pose a significant barrier to innovation.

Patents for NGTs will incentivize investment into developing crops that address urgent challenges. Ultimately, they enhance knowledge sharing and accelerate discovery of safer, more sustainable and more effective solutions for people and the planet. Especially smaller companies are reliant on robust IP mechanisms that both protect inventions and provide access to information. Investors understand the value of IP and invest where working frameworks are in place as they ensure return on investment.  The EU plant breeding sector is characterised by an open innovation approach whereby breeders can access material for the purpose of developing new varieties. Provisions for transparency and licensing on patented NGT material can ensure that this model is preserved:

• Knowledge disclosure: Patents require inventors to publicly disclose the details of their innovations (including how it can be reproduced) in exchange for a limited period of exclusive rights. As a result, patents create a valuable, searchable repository of technical knowledge that those interested can build upon.
• Licenses provide access to patented knowledge and inventions and enable others to build on existing knowledge even before the patent expires. Licensing platforms such as the Agricultural Crop Licensing Platform (ACLP) provide an equitable solution that allows all organizations to access patent information on fair conditions.

Strong intellectual property protection is critical to preserving Europe’s edge in plant breeding innovation. It empowers European companies to compete globally. Although strong  in scientific research and discovery, Europe often struggles to convert breakthroughs into commercial success, compared to other regions. This disconnect not only slows innovation but also means that the full benefits of European advances are largely enjoyed by farmers and companies  abroad. To stay ahead in the global innovation and competitiveness race, European regulators must ensure robust IP protection to secure the Union’s competitiveness and leadership in this strategic sector.

Patents drive innovation and fair competition 

Bayer invests over  EUR 2 billion annually in developing technologies like NGTs. Securing patents for the resulting new discoveries allows the company to recoup R&D investments and deter unauthorized use while providing others with access to our innovation. Clear IP frameworks allow Bayer to enter licensing agreements with seed companies and breeders across Europe and around the world – both as a license taker and a license giver –, accelerating the adoption of new technologies. A suitable IP protection framework will support the commercialization of European innovations and enable players to compete with global counterparts.

Bayer is committed to upholding the open innovation model of the plant breeding sector and ensuring that patents support the common good. To this end, Bayer exempts  small market participants from license fees for patented NGT materials and provides free access to certain patents for small European vegetable breeders. This approach aligns with the company mission of “Health for All, Hunger for None”.

Bayer firmly believes that patents combined with fair licenses – paired with science-based, enabling regulation – will unlock the full potential of NGTs. Bayer is, of course, always ready to discuss concerns and find a good solution for everyone that includes more transparency and good licensing opportunities for patented traits.

As the EU finalizes its new rules, policymakers must ensure that regulation is guided by scientific evidence and supports innovation. 

Europe has the opportunity to lead the world in sustainable and innovative agriculture – if it chooses to embrace the tools and technologies that science has made possible. This is essential for Europe’s competitiveness and climate resilience, and it will enable a healthy European ecosystem of solutions for farmers, consumers, and the planet.

To find out more, please read “The IP puzzle of NGTs in Europe”, Seedworld, April 2025.