In 2025, the TRIPS Agreement turns 30 — a key moment for the seed sector. Over the past three decades, it has shaped how new plant varieties are developed, protected, and traded. Article 27.3(b), in particular, continues to influence global rules on plant variety protection and agricultural innovation.
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Reflecting on its impact on plant innovation and agriculture.
In 2025, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement turns 30 — a milestone worth marking for anyone involved in plant breeding and agricultural innovation. For the seed sector, TRIPS has shaped the legal and economic landscape in which new plant varieties are developed, protected, and traded. As we look back, it’s a timely moment to reflect on its history, purpose, and how it continues to influence our sector — particularly through Article 27.3(b).
A Brief History of TRIPS
The agreement was concluded in 1994 as part of the Uruguay Round and became one of the cornerstones of the newly formed World Trade Organization (WTO) in 1995. It was the first international agreement to set binding, minimum standards for the protection and enforcement of intellectual property rights (IPRs) across all WTO members.
The aim was to reduce distortions in global trade by harmonizing IP rules and creating greater legal certainty for innovators and investors. TRIPS introduced common rules for areas like patents, trademarks, copyrights, and industrial designs — and it linked these rules to the WTO’s dispute settlement system, giving them unprecedented enforcement power.
Purpose and Scope of TRIPS
TRIPS establishes minimum standards in the main areas of IP, covering:
– Patents
– Copyrights and related rights
– Trademarks
– Industrial designs
– Geographical indications
– Trade secrets
– Layout designs of integrated circuits
Its overarching goal is to promote innovation and the transfer of technology, while ensuring that the protection of intellectual property contributes to social and economic welfare. Importantly, the agreement also includes flexibilities — for example, in the way countries can design protection systems for certain subject matter, including plant varieties.
The Role of Article 27.3(b) in the Seed Sector
For the seed and plant breeding sector, Article 27.3(b) is one of the most relevant — and distinctive — parts of the TRIPS Agreement. It allows countries to exclude plants and animals (other than microorganisms) from patentability but requires them to provide protection for plant varieties, either through patents, an effective sui generis system, or a combination of both.
This provision has led to diverse national approaches:
– Many countries, including those in the EU, exclude plant varieties from patent protection, and have opted for the sui generis system of plant variety protection (PVP) based on the UPOV Convention, which provides a harmonized framework for breeders’ rights.
– A few other countries, such as India, have developed sui generis systems tailored to local needs, incorporating elements like farmers’ rights and benefit-sharing mechanisms.
– Less than a handful of other countries, such as the U.S. or Australia, have not excluded plant varieties from patent protection and have opted for the combination of both patents and PVP to enable their protection.
Apart from plant varieties, Article 27.1 of the Trips agreement has established a clear framework for other important types of inventions in plants, such as biotechnological inventions, by stating that patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
These frameworks have proven adaptable to different legal and agricultural contexts, while maintaining a shared goal: to incentivize plant breeding and the development of improved varieties.
Positive Impacts of IP on Plant Breeding
There is a lot of evidence that IP protection — especially under well-designed PVP systems — has supported investment in innovation, the growth of the seed sector, and the availability of new plant varieties.
According to a 2021 report by the International Union for the Protection of New Varieties of Plants (UPOV), member countries with functioning PVP systems have seen an increase in both the number of new varieties developed and the diversity of crops covered. In Europe, the Community Plant Variety Office (CPVO) reports that over 60,000 applications have been filed since its inception in 1995 — a clear indicator of sustained breeding activity.
Moreover, contrary to some misconceptions, PVP does not restrict access to germplasm. Protected varieties can still be used freely for further breeding under the breeder’s exemption, a cornerstone of the UPOV system. This ensures that innovation remains cumulative, and that today’s protected varieties can form the basis of tomorrow’s improvements.
Several peer-reviewed studies — such as those by the OECD and WIPO — have also highlighted the role of IP in fostering public-private partnerships, facilitating knowledge transfer, and encouraging the development of varieties tailored to local or emerging challenges, such as climate resilience and pest resistance.
Addressing Concerns with Evidence
While concerns are sometimes raised about the effect of IP on access to seeds or genetic resources, much of the criticism lacks robust, peer-reviewed backing. In many cases, access to germplasm is governed more by biodiversity and phytosanitary regulations than by IP laws. Additionally, global mechanisms such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) facilitate access and benefit-sharing, operating in parallel with TRIPS-compliant IP systems.
Rather than being a barrier, intellectual property — when balanced and well-implemented — is an enabling tool for innovation in agriculture.
A Balanced Legacy
Three decades on, the TRIPS Agreement remains a foundational part of the global legal framework for IP — and its influence on plant breeding is clear. For the EU seed sector, TRIPS enabled the creation of predictable, rules-based systems that support innovation while preserving access to genetic resources for continued breeding.
As challenges such as climate change, food security, and sustainable farming intensify, the need for innovation in plant varieties has never been greater. Intellectual property protection, grounded in agreements like TRIPS and refined through experience and evidence, will continue to play a key role in delivering those solutions.
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