Intellectual Property Protection for Plant Related Innovation

Michael Kock has been working in the field of plant-related innovation, technology transfer, and intellectual property for more than 20 years. As the head of IP for multinational companies and a member of several seed industry IP committees of industry associations, he gained extensive international strategic and operational experience to create, defend, enforce, and leverage plant-related IP rights. He currently works as a consultant and assists companies to design holistic IP, freedom-to-operate, and value capture strategies. As a qualified European and Swiss patent attorney, he regularly lectures on IP and has published multiple papers on plant IP topics in peer-reviewed law journals.

“Michael Andreas Kock … provides a comprehensive analysis of the current system of intellectual property rights on plants - its problems and limitations. What is remarkable about his work … is the development of a vision to solve existing and future problems. … Michael Kock is aware that the likelihood of such an initiative is currently considered low, but his contribution will certainly stimulate all those who will work on a solution in the future.” (APBREBES Newsletter, Issue 54, November 10, 2022)

• Introduction: Plant Innovations.- Plant Breeding and Intellectual Property – A Controversial Topic.-Part 2. The Current Legal Framework for IP on Plant Innovations (Lex lata).- Overview: Intellectual Property for Plant Innovations.- 3. The Sui Generis System of Plant Breeders Rights.- The Patent System for Plant Related Inventions.- Legislation related to (Plant) Genetic Resources.- Alternative IP Systems for Plant Innovations.- Analysis of the Status quo: Current Benefits of IPRs for Plants.- Analysis of the Status quo: Current Issues in Plant Breeders Rights.- Analysis of the Status quo: Current Issues in Patents on Plants.- Other Issues.- Issues Summary & Conclusion.- 12. Current Solutions for Issues in Plant IPR Systems.- III. The Need for Legislative Change and Related Options (Lex ferenda).- Emerging Challenges.- Potential Solutions for Future Challenges.- Option 1: Do Nothing … and Rely on Market Forces.- Option 2: Legislative Adjustments to the Patents and PBR System.- Option 3: Abandoning Patents.- Option 4: Redesigning the IP Systems.- A New Holistic System for Plant Innovations - UPOV 2030.- Assessment of the Different Options under the Different Scenarios for the Future.- IV. Summary & Conclusions.- A Changing World for Plant Intellectual Property.- Responding to Change: An Open, Holistic IP System for Plant Innovation.- Way Forward: Towards Implementation of the Holistic IP System.