The Rapeseed Potential in Poland and Germany in the Context of Production, Legislation, and Intellectual Property Rights.

Tomasz Twardowski,Ewa Waszkowska,Tomasz Zimny,Ewa Woźniak,Sławomir Sowa

doi:10.3389/fpls.2019.01423

Abstract

Rapeseed is an essential crop which is used in many different areas as edible oil, biodiesel, lubricant, and feed. It is one of the most popular oil crops in Europe (63% of oilseeds production in 2017). The current study highlights the potential for further rapeseed development in European Union (EU), with special emphasis on Germany (19% of EU production) and Poland (12% of EU production). The study focused on three factors: cultivation area, volume of production and the numbers of Intellectual Property Rights (IPR), particularly patents granted for rapeseed or rapeseed-related inventions and plant variety rights. Possible further obstacles to development, such as current legal framework, were also taken under consideration. The analyzed statistical data shows that both the cultivation area, as well as the volume of production of rapeseed fluctuated in the last decade in both examined countries, while the numbers for European patent publications and Community Plant Variety Rights showed a rising trend, indicating investments in the Research and Development (R&D) of the crop. The data analysis seems to confirm a hypothesis that there is a potential for the development of rapeseed as a versatile, multi-use crop; however, the current EU GMO policies and a legal uncertainty as to the status of products of certain modern gene editing techniques may hamper making optimal use of this potential.

Highlights

Rapeseed has multiple applications viz. human food, cattle feed, and for industrial purposes as a source of biodiesel or bioethanol
In order to determine the developmental prospects in the field of biotechnology of rapeseed, the databases of the German Patent Office (DEPATISnet), the Polish Patent Office (PPO), and the European Patent Office (EPO—Espacenet) were examined in this study
According to the European Union (EU) Commission, between 2014 and 2016, the EU imported more than 30 million tons of genetically modified (GM) soybean annually, including Poland, which imported 2 million tons (Rostoks et al, 2019)

Summary

Introduction

Rapeseed has multiple applications viz. human food, cattle feed, and for industrial purposes as a source of biodiesel or bioethanol. Rapeseed production may improve the sustainability of land use, which may require advancements in the genetic diversity of the plants and the development in breeding itself, to achieve efficient use of genetic resources through biological progress. 3.3), may hamper this developmental potential and put EU breeders at a disadvantage in comparison to their competitors from other countries. According to the Food and Agriculture Organization of the United Nations in 2017, the world production of oilseeds (rapeseed, sunflower seed, soybean, linseed) amounted to 479 million tons, whereas consumption amounted to 492 million tons (FAOSTAT, 2018; OECD-FAO, 2018). Soybean had the largest share of oilseed production in the world in 2017 (73%), whereas rapeseed was classified in second place, with a share of 16%

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