Europe

In 2025, the European Union is expected to adopt a “biotech act” aimed, among other things, at modernising agriculture through new technologies. At the same time, public policies, in particular the Common Agricultural Policy (CAP), are guiding farmers towards ever more expensive and sophisticated mechanisation. As a result, a “high-tech” and soil-less agricultural model is taking shape in Europe, with the risk of increasing farmers’ indebtedness and marginalising small-scale farming.

“Artificial intelligence” (AI) is used to extract and restructure information from raw or unstructured data. Companies are using it to identify phenotypic traits associated with genetic sequences. Referring to a recent patent application by the company Inari, the German NGO Testbiotech points out the risks associated with the combination of new genomic modification techniques (NGT) and AI. It condemns the possible abuses of patentability and the need for robust GMO regulations. However, Inari has already filed other similar applications, which raises questions about the legal impact of such rights and their adaptation to AI-driven technologies.

At the European Patent Office (EPO), one of the key principles for patentability of inventions is that the invention must be described in sufficient detail for any “person skilled in the art” to be able to reproduce it. In biotechnology, where living systems are manipulated, this requirement poses a particular challenge. The notion of “reproducibility” of the invention thus becomes an essential criterion, which can take on different meanings depending on the context. This article explores the subject of the reproducibility of biotechnological inventions according to the practice of the EPO, in particular the case law of its Boards of Appeal.

On 14 March 2025, the Member States of the European Union achieved a fragile qualified majority to launch a discussion with the European Commission and the European Parliament on the deregulation of GMOs. It took the member states almost two years to reach this majority, as there are still many disagreements. Negotiations between the three European decision-making bodies – known as a “trilogue” – could now get underway, subject to the vote of a final formal mandate by the European Parliament’s Environment Committee.

In July 2023, the European Commission’s proposal to deregulate GMOs was presented and understood as concerning only plants. Micro-organisms, animals and fungi would not be concerned. However, a careful reading will show that, contrary to what the European Parliament seems to have understood, some micro-organisms are indeed concerned… because they are considered to be plants!

A year and a half ago, France made it compulsory to vaccinate farmed ducks against the avian influenza virus, in order to protect its meat and foie gras industries. To date, France is the only country to have taken this vaccination route. One of the two vaccines used, the self-amplifying messenger RNA (mRNA) vaccine, raises questions.

In February 2025, two statements opposing the European Commission’s proposal to deregulate GMOs were published. On 11 February 2025, more than 200 organisations, including farming unions, NGOs, small and medium-sized breeders, and players in the organic and non-GMO sectors, published a “joint declaration on the deregulation of new GMOs”. On 21 February 2025, more than 70 French players in the organic sector published a collective opinion piece online in Mediapart.

Patents involving the use of nanos* in agriculture have multiplied over the last 20 years. However, there has been no improvement in the availability of information in this field. A recent report, commissioned by AVICENN and published by the European Chemicals Agency (ECHA), re-emphasizes the need to change European regulations in order to better identify, assess and manage nanos in the fields and the food. AVICENN is calling for greater transparency on the marketing and risks of nanomaterials that have long been used in agriculture.

Since July 2023, the issue of patents on living organisms has been at the heart of debates in the European Union. These debates were sparked by the European Commission’s proposal to stop assessing the risks associated with GMOs, to stop labelling them as such, and to put an end to their detection and identification. In December 2024, a conference allowed several stakeholders of the debate to express their opinion.

In March 2024, the European Commission announced measures aimed at driving what it called a “biotechnology revolution”, including a proposal for a “law” in 2025. This announcement came at a time when a number of legislative dossiers relating to biotechnology had already reached an impasse, such as the deregulation of plant GMOs. As Denmark, a fervent supporter of biotechnology, prepares to take over the Presidency of the Council of the EU from July 2025, is the Commission planning to bring everything together in a general “biotech law” to complicate political debates and force the issue through? The European Parliament has just taken up the issue on its own initiative.

The algae that live in rivers and the sea have been the focus of a great deal of attention in recent years. Whether micro, macro, green, brown, red… they are currently at the heart of an industrial development project for which the European Commission is active. These GMO algae could be deregulated if the European Commission’s July 2023 proposal were to be approved, as they will undergo genetic modification to be transformed into production facilities for pharmaceuticals, cosmetics, food and agrofuels. This article is a first dive into a world that has gone unnoticed until now.

In July 2023, the proposal to deregulate GMOs obtained using new genetic modification techniques (known as “new genomic techniques” – NGTs) highlighted a sensitive issue that is still under discussion: patents. Patents are fiercely criticised for their many negative effects on the rights of farmers and traditional seed producers, as well as on biodiversity. A report commissioned by the European Green Party addresses this issue and suggests ways out of the impasse.