Einbeck, Germany
January 10, 2025
Due to legal complaints driven by United Beet Seeds BV, KWS takes a clear position on intellectual property related to its CR+® trait in sugarbeet.
KWS trusts that plant breeders need an intellectual property protection system that provides an adequate return on their exceptionally high investment in research and development and guarantees unhindered access to genetic materials. Therefore, the company supports a fair balance of IP protection systems, such as Plant Variety Protection (PVP) for varieties and patents for innovative traits. This commitment also applies to our key commercial traits, including the Cercospora-resistance trait CR+® in sugarbeet. This trait has been made available on the KWS Traitway platform for licensing to all interested parties since 2022. Once KWS varieties containing this or other traits have entered the market, they are available to other companies for breeding activities under the PVP breeders' exemption and several European patent law breeders' exemptions.
KWS has entered the market with varieties containing the CR+® trait in 2021. Prior to this commercial step, the material was not legally available for breeding under the PVP breeders’ exemption or any commercialization activities. In addition, KWS has never authorized an earlier use of the trait by others before its own commercialization.
KWS has discovered certain varieties now brought into trials and aiming for market introduction by United Beet Seeds BV (“UBS”) and its forming members (DLF Seeds AS and Groupe Florimond Desprez) in several European markets as well as the U.S., which demonstrate strong Cercospora resistance consistent with KWS’ proprietary CR+® trait.
The above combined with other information obtained by KWS has led the company to raise concerns toward UBS regarding unauthorized use of the CR+® trait material in Europe as well as an infringement of its CR+® related U.S. patents.
KWS has been informed by UBS that the company has filed a complaint for declaratory judgement in Europe with the objective to assess that the access to KWS varieties has not been obtained illegally. Further, they claim that the KWS concerns are in itself an act of unfair competition. KWS rejects these assertions and will strongly pursue all its rights and remedies to defend its exceptional investments in innovation. The continuous advancement in sugarbeet breeding since the foundation of KWS in 1856 is of benefit to the entire plant breeding industry. Since KWS varieties are broadly available under the breeders’ exemption in Europe once commercialized and the CR+® trait has been offered for licensing via different platforms since 2022, the accusation of unfair competition is unfounded.
While KWS is always willing to reach reasonable business resolutions with other commercial parties, KWS is equally committed to protecting its innovation and intellectual property in all markets.
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