On 16 June 2026, the S&D Group tabled eight amendments to the European Parliament's second-reading recommendation on New Genomic Techniques (NGTs), proposing to tighten intellectual property rules for NGT-derived plants and make patent licensing obligations mandatory. The amendments, tabled by MEP Christophe Clergeau, would fundamentally alter the EU's Biotech Directive (98/44/EC) by explicitly excluding NGT plants, plant material, and genetic information from patentability, and by limiting patent scope for biological material derived through essentially biological processes.
The amendments target the Commission's proposed code of conduct for patent holders and licensing platforms, replacing voluntary measures with binding obligations. Under the S&D proposal, the Commission would be required to "draw-up" the code of conduct, and commitments within it would become mandatory ("shall") rather than aspirational. A new article would oblige all licensing platforms for plant biological material operating in the EU to abide by the code and notify the Commission of their internal rules. The amendments also broaden analytical method performance requirements for NGT products, pushing for stricter detection standards earlier in the regulatory process.
The most far-reaching changes would amend the EU's Biotech Directive to add NGT plants, plant material, genetic information, and process features to the list of non-patentable inventions (Amendment 15), and create a derogation preventing patent protection from extending to biological material derived from a patented invention through essentially biological processes (Amendment 16). These provisions aim to protect breeders and farmers who use traditional crossing and selection methods on NGT-derived plants, ensuring access to biological material for further innovation.
The amendments are proposed at the second-reading stage, following the Council's adoption of its position on 28 April 2026. The Parliament's plenary vote on the recommendation, steered by rapporteur Jessica Polfjärd (EPP), is expected to take place in the coming weeks. If adopted, the S&D's proposals would represent a significant shift in the EU's intellectual property framework for NGTs, potentially limiting the commercial exclusivity of patent holders and increasing legal certainty for breeders. The amendments face opposition from industry groups who argue that weakening patent protection could reduce incentives for investment in NGT research and development. The Council's position, which does not include such patent exclusions, sets the stage for a potential showdown in trilogue negotiations if the Parliament adopts the S&D's line.
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