Intellectual Property on Living Organisms

Between Innovation, Conflicts and North-South Balances

Introduction

The intellectual protection of living organisms, particularly plant varieties, raises fundamental scientific, legal and ethical questions. How can one claim ownership of a seed, the basis of all life and all food? This question, ancient but more current than ever, sometimes opposes commercial innovation and the preservation of biological commons. It also engages a global debate between Northern countries, often innovators, and those of the South, guardians of immense biodiversity. This article explores the history, mechanisms and geopolitical issues of this protection, drawing on concrete examples from seed sectors.

Genesis and Evolution of Intellectual Property on Living Organisms

Ancient Origins

As early as Antiquity, the idea of protecting an innovation emerged. In Sybaris, a Greek colony of the 6th century BC, a temporary privilege was already granted to cooks creating new recipes 4 . This concept evolved to apply much later to plant creations.

Modern Legal Frameworks

The Plant Patent Act (PPA) of 1930 in the United States was the first law to grant patents on living organisms (asexually reproducing plants). In Europe, several countries such as the Netherlands (1942), France (1949) and Germany (1953) followed by adopting sui generis systems ("of their kind") to protect new plant varieties 3 .

International Harmonization

Under the impetus of Europe, the International Convention for the Protection of New Varieties of Plants (UPOV) was adopted in 1961. This sui generis system, designed for and by commercial breeders, grants a Plant Breeder's Certificate (PBC). It offers a temporary monopoly to the breeder while allowing the use of the variety for research or selection of new varieties 3 .

Historical plant patent documents

Early documentation of plant patent applications in the United States

Key Actors in the Seed Sector: A Complex Ecosystem

The creation and distribution of a variety mobilizes a chain of specialized actors, particularly visible in France, a world seed power 1 2 .

Chain Link Number of Actors Main Role
Varietal Creation Companies 67 Creation of new varieties (450+/year) and production of basic seeds. SMEs/SMBs.
Farmer-Multipliers 16,636 Seed production in open field under contract, on nearly 370,000 ha.
Production Companies 255 Cleaning, treatment, packaging and marketing of seeds.
Distributors 5,097 Sales and advice to farmers, professionals and amateur gardeners.
Users (Farmers) 390,000 Agricultural production for food and industry.
Amateur Gardeners 17 million Use of seeds for the pleasure of gardening.
Varietal Creation Companies

Small and medium enterprises driving innovation with over 450 new varieties created annually in France alone.

67 companies (1.3% of total actors)
Farmer-Multipliers

Thousands of farmers dedicated to seed production under contract across nearly 370,000 hectares.

16,636 multipliers (75.2% of total actors)

The Great Debate: North/South Conflicts of Interest and Alternatives

North Perspective

Northern countries, often innovators, have developed sophisticated intellectual property systems to protect their investments in plant breeding and biotechnology.

  • Focus on commercial innovation and return on investment
  • Strong patent and PVP protection systems
  • Dominance of multinational seed corporations
  • Advanced biotechnology research

South Perspective

Southern countries, often newly independent in the 1970s, denounced the asymmetries of protection systems 3 . They pointed to the marginalization of small-scale farmers and the free flow of genetic resources from South to North.

In response, they pushed for alternative models to recognize and reward farmers' contributions to the conservation and development of varieties.

Southern Alternative Approaches

Farmers' Rights
Protection of Landraces
Traditional Knowledge
Benefit Sharing

"The conservation of genetic resources is an essential link in response to biodiversity loss. Conservation centers (public like CIRAD, IRD, INRAE, or associative) have the mission to find, conserve and perpetuate ancient varieties or those with heritage value." 2

Case Study: Tropical Vegetable Seed Sector

A CIRAD study on the tropical vegetable seed sector perfectly illustrates the North-South dynamics .

Study Methodology

The study was based on:

  • Analysis of technological flows: How seeds, vehicles of technological progress, are transferred from North to South.
  • Evaluation of two key components of the sector: varietal creation on one hand, and seed production/marketing on the other.
  • Examination of factors favoring the emergence of new varieties (economic value, short cycle, phytosanitary damage).
  • Monitoring of research strategies public and private, including the use of wild species and the development of hybrids.
Tropical vegetable farming

Tropical vegetable production faces unique challenges in seed availability

Results and Analysis

The study revealed that:

  • Multinational seed companies from the North have concentrated their efforts on developing sophisticated and protected varieties (F1 hybrids, transgenic varieties) for profitable markets.
  • Tropical vegetable crops have been largely neglected by the private sector, creating an innovation deficit for these areas.
  • Seed production requires specific climatic conditions (hot and dry climate, vernalization). It is therefore concentrated in a few areas (United States, Europe, Israel, South Africa), reinforcing Southern dependence.
  • Commercial seeds used in the tropics are very rarely produced there, especially for low-altitude crops.
Strategy Example Species Main Objective Dominant Actor
Resistance Research Tomato (resistance genes) Fight against diseases and pests Initial public research
Development of F1 Hybrids Cabbage, onion, melon Vigor, uniformity, protection of innovation Multinationals
Use of Wild Species Tomato Introduction of resistance or quality traits Public research
Improvement of Organoleptic Qualities All species Adaptation to consumer preferences Public and private sector

"The study concludes that the development of varieties adapted to tropical areas relies on strengthening partnerships, developing Southern expertise, and better alignment with local demand."

The Plant Breeder's Research Toolkit

Modern varietal creation relies on a set of technical tools and reagents.

Phytogenetic Resources

Source of genetic diversity (old varieties, related wild species)

Application

Introduction of resistance genes in tomato

Molecular Markers

Identification and rapid selection of genes of interest without long phenotyping

Application

Marker-assisted selection (MAS)

Genome Editing (CRISPR-Cas9)

Precise and targeted modification of DNA sequences

Application

Deactivation of disease susceptibility genes

Biobanks / Cold Rooms

Long-term conservation of genetic diversity (seeds, plant material)

Application

Maintenance of heritage variety collections 2

Phenotyping Platforms

Precise and high-throughput characterization of agronomic traits

Application

Evaluation of promising new varieties

Future Perspectives: Between New Technologies and Equity

The future of plant variety protection is at a crossroads. New technologies like high-throughput sequencing and genome editing (CRISPR-Cas9) blur the boundaries between discovery and invention, and pose unprecedented legal questions 3 .

Adaptation of Legal Frameworks

Are current systems like PVP or patent adapted to protect a simple precise modification of a gene without introduction of foreign DNA?

Pressure on Genetic Resources

The race for genes of interest could increase pressure on genetic resources from Southern countries.

Food and Climate Change

The challenge of feeding a growing population in a context of climate change will require mobilizing all available genetic diversity.

"The final challenge goes beyond mere intellectual property: it is about ensuring food security, biodiversity and social justice on a global scale."

References