Modern plant breeding is at a turning point: New Breeding Technologies offer great opportunities for sustainable agriculture but also raise questions regarding the protection of intellectual property. At the Swiss-Food Talk on March 12, 2026, experts discussed how transparency models and collaborations can resolve the tension between patent protection and free access to genetic material.

Patent Law and Plant Variety Protection: Two Systems for One Goal

Anaïc Cordoba from the Swiss Federal Institute of Intellectual Property (IPI) emphasized that in Switzerland, two complementary systems promote innovation: Plant Variety Protection (PVP) for entire plant varieties and patent law for technically developed traits. These two systems are not in conflict; rather, they protect different aspects of innovation.

While patents grant exclusive rights for inventions, Swiss law - through breeders' privilege - guarantees that protected plants can be used for further breeding. The current political debate, initiated by the motion «More transparency in patent rights in the field of plant breeding,» aims to strengthen legal certainty for breeders through increased transparency. According to the IPI, there is currently no need to amend Swiss patent law regarding patents related to new breeding technologies.

Standardised licences for arable crops, fruit and forestry crops, as well as ornamental plants

To simplify access to patented traits, industry-wide platforms have established themselves. Hélène Guillot, Managing Director of the Agricultural Crop Licensing Platform (ACLP), explained how her organization has been striving for a fair balance between plant variety protection and patents in the field of arable crops since 2023. The ACLP covers approximately 95% of patented traits in the European market. Through Euroseeds' PINTO database, it provides full transparency regarding which patents are included in respective varieties. In 2026, it was extended to ornamental plants, fruit, and forestry crops. Breeders benefit from a standardized process: first, they check the patent status via PINTO and notify the owner of the intended use. If a patented trait remains in the final product, the platform guarantees access via standard contracts. In the event of a dispute over fees, a binding arbitration process decides the outcome. This so-called «baseball arbitration» enables timely decisions without high administrative effort.

The Vegetable Sector as a Pioneer

Thorsten Berg, Vice President IP Seeds, Traits, Operations & IP Intelligence at BASF, further elaborated on the International Licensing Platform (ILP) for vegetables. Founded in 2014, the platform secures global access to protected material and ensures the freedom to operate for breeders. With 18 members, the ILP covers over 80% of all patent families for vegetable traits. This simplified access to licenses allows innovation to be «boosted» by building on the technologies of others while ensuring their «return on investment» via licensing fees. At the ILP as well, arbitration ensures fair licensing costs in case of disagreement, and the results are publicly accessible to increase market transparency.

The discussion at the Swiss-Food Talk illustrated that the impact of patents depends significantly on the future regulation of plants bred using new breeding techniques. In this regard, the EU relies on transparency, licensing, and monitoring. Transparency models like ACLP and ILP act as crucial bridge-builders. They enable innovation by making patents on technical plant traits visible and easy to use - something our society relies on.