An Innovation Garden for Farmers’ Plant Breeding? Inspiration from the Regulatory Sandbox

While farmers continue to engage in plant breeding, contemporary plant innovation laws – namely patent law and plant variety protection (PVP) – increasingly limit their freedom to operate. Patents on plant-related inventions can restrict access to breeding material in the absence of a full breeders’ exemption. Furthermore, the breeders’ exemption under PVP law still involves legal uncertainty because newly developed varieties may risk infringing the rights of the initial PVP holder. Combined with other laws governing the circulation of seeds – such as seed marketing legislation and plant health regulations – these frameworks can create difficulties for farmers’ breeding projects. Focusing specifically on intellectual property (IP) law, this article proposes the concept of an Innovation Garden, inspired by the regulatory sandbox. The Innovation Garden would provide farmer-breeders with a legally secure space for plant breeding through the necessary tailoring of regulatory requirements. It would also enhance legal certainty by offering guidance on potential infringement and compliance risks. By examining the challenges and possible mitigating measures, the article argues that such a regime is legally feasible and capable of supporting farmers’ innovation.