The patent governance for agricultural genome editing technologies in the United Kingdom, the European Union and Ukraine: the implications for global food security and sustainability

Genome editing has great potential for non-human uses of genome editing technologies. New varieties of plants can be developed that are disease resistant or have a higher crop yield, while new breeds of farmed animals or marine life can be introduced into the food system in order to offer a broader range of options to consumers. Following the invasion of Ukraine, an increased focus is being placed on the need for policies to ensure global food security and sustainability. The agricultural use of genome editing technologies becomes of critical importance in this context. Yet the way in which genome editing techniques for agriculture are regulated by law raises new important legal, environmental, and ethical issues. After the United Kingdom (UK) exited the European Union (EU), the UK Government announced new legislation that will make it easier to undertake gene editing research for agriculture. The UK has been able to adopt this approach in variance to the more restrictive arrangements applied under EU law. Should Ukraine wish to harmonise with the EU approach, the opportunity to utilise genome editing technologies to ensure food security may be restricted because EU law is widely interpreted as prohibiting the use of genome editing techniques for agriculture. The type of legislation that Ukraine adopts will therefore have important implications for global food security. The paper examines the risks and benefits of restrictive or permissive approaches to the governance of agricultural genome editing from a patent policy perspective, taking into account the environment, food security and sustainability alongside patent law and wider regulatory affairs. It looks at the potential for patent governance to have implications in agricultural research investment towards in applications, as well as the role of patent governance in limiting or even prohibiting a particular use of a certain process or product.