b'PARTNER CONTENTFree access to patented innovation for Europes small vegetable breeding companiesI ntellectual property rights play an important role in innovationagainst the small breeding company for any new variety developed including developments in plant breeding to make vegetablesand commercialized in an EU member state that contains the pat-and crops more resilient, less demanding of resources, and higherented trait.yielding. These innovations help to meet sustainability goals, mitigateUnder the non-assert agreement, Bayer commits to grant this the impact of climate change, and support food security.right for free and the small breeding company would only have to It is already an established practice of Bayer to offer licenses tokeep Bayer informed of its status as a European vegetable small its patented technologies and traits in vegetables at fair and reason- breeding company. Should the small breeding company grow, either able royalty terms under its own E-licensing platform. by organic or external growth, and no longer qualifies as a European Earlier this year, recognizing the special situation of small breed- vegetable small breeding company, Bayer commits to maintain the ing companies in Europe including concerns they may have regardingright granted under royalty terms, the rate of which would be fairly access to patented innovation, Bayer took the decision to offer free ofadjusted according to the new size of the company.cost access to our European patents on traits in vegetables which areThe reactions of small vegetable companies in Europe hear-in the Euroseeds PINTO database and licensable by Bayer. ing about this initiative for the first time during its development has Companies operating in the EU with less than 10 million Eurobeen highly encouraging. Ildem Bozkurt, Head of Vegetable seeds annual turnover and less than 50 employees (according to the EU defi- Commercial operations in Europe, Middle East and Asia said, As we nition of small enterprises) could benefit from this proposal for productsstarted to talk about this initiative to some small breeding companies developed and commercialized in the EU. Those companies mightin Europe, we received very positive feedback. Supporting food secu-have less resources to access innovation on a royalty-bearing basis. rity needs to be inclusive of all playerslarge and small. Herv Monconduit, Head of Patents at Bayer in France andBayer welcomes other owners of intellectual property rights to a European and French Patent Attorney, explains the intent; Wefollow suit with similar initiatives. We also entertain discussions with a designed this to be a readily accessible and simplified process thatrange of stakeholders and associations to share the proposal across allows small vegetable breeding companies to access patented traitsthe industry in the EU. without supplementary financial burden. Bayers initiative also marks another step in our ambition to foster A European vegetable small breeding company identifying atransparency. trait of interest in a commercial vegetable crop for breeding newWe are committed to build up and strengthen trust by making varieties for commercialization in an EU member state would first lookinformation accessible from a whole range of areas including access into the Euroseeds PINTO database to determine if such variety wouldto detailed product safety information and regulatory submission doc-be covered by a patent on the trait.In this case, the company woulduments of our crop science products for instance.then simply go on the Vegetables by Bayer e-licensing webpage toMore details on Bayers EU small vegetable breeding company make a request for benefiting from the initiative.initiative are available. This initiative has been translated in various Except in situations where Bayer would not be in a position tolanguages to support access by small vegetable breeding companies grant rights on the patent, for example, due to previous contractualin the EU. engagements, and subject to the company declaring that it is aWith this initiative, Bayer is working to remove the obstacles small European vegetable small breeding company, Bayer would issue avegetable breeding companies may face with regard to patents in non-assert agreement in which it commits not to enforce its patentEurope.Transparency at Bayer: https://www.bayer.com/en/sustainability/transparencyE-Licensing: https://www.vegetables.bayer.com/se/en-se/contact/e-licensing.htmlhttps://euroseeds.eu/pinto-patent-information-and-transparency-on-line/EUROPEAN-SEED.COMIEUROPEAN SEED I 41'