(61)Directive 98/44/EC of the European Parliament and of the Councilnote sets out principles regarding the patentability of biological material, including plants. In order to be able to take action in the event of adverse impacts of the patenting of NGT plants, the Commission should conduct an assessment on the impact that such patenting and related licensing and transparency practices could have on innovation in plant breeding, on breeders’ access to plant biological material and techniques and on the availability of plant reproductive material to farmers, as well as on the overall competitiveness of the Union’s plant breeding industry, in particular small and medium-sized breeders, and the potential risks of market concentration. For the same reason, the Commission should establish an expert group on the effect of the patenting of NGT plants. The ongoing evaluation of Council Regulation (EC) No 2100/94note will also consider the coherence of patents and plant variety rights, including any relevant provisions on the interface between them, such as Article 92 of that Regulation. It is important to ensure that farmers and breeders have access to techniques and material to promote the diversity of plant reproductive material, such as seeds, at affordable prices, while also strongly supporting innovation in both conventional and organic plant breeding by preserving investment incentives. To this end, the Commission should take appropriate actions including, where appropriate, proposing legislative measures.
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