What you need to know about What you need to know about the Plant Variety Protection Actsthe Plant Variety Protection Actsthe Plant Variety Protection Acts the Plant Variety Protection Acts and Patents that Regulate the and Patents that Regulate the Propagation of Peanut SeedPropagation of Peanut SeedPropagation of Peanut SeedPropagation of Peanut Seed
Terry HollifieldTerry HollifieldExecutive DirectorExecutive DirectorGeorgia Crop Improvement AssociationGeorgia Crop Improvement AssociationGeorgia Crop Improvement AssociationGeorgia Crop Improvement Association
LVLVLVLV
New variety development New variety development y py pImportant*Important*
Researchers estimate that as much as 65% of Researchers estimate that as much as 65% of i d f ( i ld) i d ti d f ( i ld) i d tincreased performance (yield) is due to increased performance (yield) is due to improved geneticsimproved genetics
Pest resistancePest resistancePest resistancePest resistance–– WeedsWeeds–– DiseasesDiseases
i ti t–– insectsinsects
**sourcesource-- Arkansas Seed Certification Agency 2007Arkansas Seed Certification Agency 2007
What if ?What if ?What if ?What if ?
GA Green peanut variety had not been GA Green peanut variety had not been developed?developed?ppSoybean varieties resistant to Soybean Soybean varieties resistant to Soybean Stem Canker had not been developed?Stem Canker had not been developed?Stem Canker had not been developed?Stem Canker had not been developed?Wheat varieties with resistance to Wheat varieties with resistance to Hessian fly rust and mildews had notHessian fly rust and mildews had notHessian fly, rust and mildews had not Hessian fly, rust and mildews had not been developed?been developed?
The PVP Acts and PatentsThe PVP Acts and PatentsThe PVP Acts and PatentsThe PVP Acts and Patents
Provide a legal mechanism for:Provide a legal mechanism for:–– the developer of a new plant variety tothe developer of a new plant variety tothe developer of a new plant variety to the developer of a new plant variety to
recover investment dollarsrecover investment dollars12 years12 yearsLarge investmentsLarge investments
FARMER SAVED SEEDFARMER SAVED SEEDFARMER SAVED SEEDFARMER SAVED SEED
KNOW THE LAWKNOW THE LAWKNOW THE LAWKNOW THE LAW
Forms of Intellectual Forms of Intellectual PropertyPropertyProperty Property
Rights ProtectionRights Protection
NoneNonePVPA 1970PVPA 1970PVPA 1970PVPA 1970PVPA 1994PVPA 1994PatentsPatents
No legal protection for developerNo legal protection for developer–– PurchasePurchasePurchasePurchase–– GrowGrow–– Market with no limitations*Market with no limitations*Market with no limitationsMarket with no limitations
* * Must comply with state and federal seed lawsMust comply with state and federal seed laws
1970 Plant Variety Protection Act 1970 Plant Variety Protection Act yy–– A farmer may save enough seed of a A farmer may save enough seed of a
protected variety to plant on his own farm protected variety to plant on his own farm holdings. A farmer may sell the saved seedholdings. A farmer may sell the saved seedholdings. A farmer may sell the saved seed holdings. A farmer may sell the saved seed but may not advertisebut may not advertise
–– With or without title V protection*With or without title V protection*P t t d f 18P t t d f 18–– Protected for 18 yearsProtected for 18 years
* * must be certified by seed certifying agencymust be certified by seed certifying agency
1994 Plant Variety Protection Act1994 Plant Variety Protection Act1994 Plant Variety Protection Act1994 Plant Variety Protection Act–– A farmer may save enough seed of a A farmer may save enough seed of a
protected variety to plant on his own farm protected variety to plant on his own farm holdings but may not sell seed withoutholdings but may not sell seed withoutholdings but may not sell seed without holdings but may not sell seed without permission of the owner of the variety.permission of the owner of the variety.
–– With or without title V protection*With or without title V protection*–– Protected for 20 yearsProtected for 20 years
* must be certified by seed certifying agency* must be certified by seed certifying agency
Under the 1970 PVPA and the 1994 Under the 1970 PVPA and the 1994 amendment it is an infringement to amendment it is an infringement to
clean, bag or store farmer saved seed clean, bag or store farmer saved seed if the quantity exceeds what the if the quantity exceeds what the
fa me can legall sa e fo plantingfa me can legall sa e fo plantingfarmer can legally save for planting farmer can legally save for planting purposes.purposes.
The conditioner or anyone in the The conditioner or anyone in the marketing chain may be held liable formarketing chain may be held liable formarketing chain may be held liable for marketing chain may be held liable for
the PVPA infringementsthe PVPA infringements
PenaltiesPenaltiesPenaltiesPenalties
Upon finding an infringement the court shall Upon finding an infringement the court shall award damages adequate to compensate award damages adequate to compensate for the infringement but in no event LESS for the infringement but in no event LESS than a reasonable royalty for the use made than a reasonable royalty for the use made of the variety by the infringer together withof the variety by the infringer together withof the variety by the infringer, together with of the variety by the infringer, together with interest and costs as fixed by the court.interest and costs as fixed by the court.
When the damages are not determined by theWhen the damages are not determined by theWhen the damages are not determined by the When the damages are not determined by the jury, the court shall determine them. In jury, the court shall determine them. In either event the court may increase theeither event the court may increase theeither event the court may increase the either event the court may increase the damages up to THREE TIMES THE AMOUNT damages up to THREE TIMES THE AMOUNT DETERMINED.DETERMINED.
PatentsPatentsPatentsPatents
A Patented Variety or contains a A Patented Variety or contains a patented gene:patented gene:patented gene:patented gene:–– A farmer may not save ANY seed for A farmer may not save ANY seed for
plantingplantingplanting planting –– A custom cleaner conditioner may not A custom cleaner conditioner may not
clean any seed of patent protectedclean any seed of patent protectedclean any seed of patent protected clean any seed of patent protected varieties.varieties.
PenaltiesPenaltiesPenaltiesPenalties
D t i d b C t d/ JD t i d b C t d/ JDetermined by Court and/or JuryDetermined by Court and/or Jury
Usually in excess of actual damageUsually in excess of actual damage–– Used as a deterrentUsed as a deterrentUsed as a deterrent Used as a deterrent
ResourcesResources
Bag and TagBag and TagGa. Crop ImprovementGa. Crop Improvement
www certifiedseed orgwww certifiedseed org–– www.certifiedseed.orgwww.certifiedseed.org–– Spring and Summer Seed DirectoriesSpring and Summer Seed Directories
Plant variety Protection OfficePlant variety Protection Officeyy–– www.ams.usda.gov/science/pvpowww.ams.usda.gov/science/pvpo–– 301301--504504--55185518
Patent OfficePatent OfficePatent OfficePatent Office–– www.uspto.govwww.uspto.gov–– 800800--786786--91999199
What you need to know about What you need to know about the Plant Variety Protection the Plant Variety Protection
Acts and PatentsActs and PatentsActs and PatentsActs and PatentsThat Regulate the Propagation That Regulate the Propagation g p gg p g
of Peanut Seedof Peanut SeedTerry HollifieldTerry HollifieldExecutive DirectorExecutive DirectorGeorgia Crop Improvement AssociationGeorgia Crop Improvement AssociationGeorgia Crop Improvement AssociationGeorgia Crop Improvement Association
SVSVSVSV
Forms of Intellectual Forms of Intellectual Property Rights ProtectionProperty Rights Protection
NoneNonePVPA 1994PVPA 1994PVPA 1994PVPA 1994PatentsPatents
No legal protection for developerNo legal protection for developer–– PurchasePurchasePurchasePurchase–– GrowGrow–– Market with no limitations*Market with no limitations*Market with no limitationsMarket with no limitations
* * Must comply with state and federal seed lawsMust comply with state and federal seed laws
1994 Plant Variety Protection Act1994 Plant Variety Protection Act1994 Plant Variety Protection Act1994 Plant Variety Protection Act–– A farmer may save enough seed of a A farmer may save enough seed of a
protected variety to plant on his own farm protected variety to plant on his own farm holdings but may not sell seed withoutholdings but may not sell seed withoutholdings but may not sell seed without holdings but may not sell seed without permission of the owner of the variety.permission of the owner of the variety.
–– With or without title V protection*With or without title V protection*–– Protected for 20 yearsProtected for 20 years
* must be certified by seed certifying agency* must be certified by seed certifying agency
Under the 1994 PVP Act Amendment it Under the 1994 PVP Act Amendment it is an infringement to clean, bag or is an infringement to clean, bag or
store farmer saved seed if the quantity store farmer saved seed if the quantity exceeds what the farmer can legally exceeds what the farmer can legally
save for planting purposes.save for planting purposes.
PenaltiesPenaltiesPenaltiesPenalties
Upon finding an infringement the court shall Upon finding an infringement the court shall award damages adequate to compensate award damages adequate to compensate for the infringement but in no event LESS for the infringement but in no event LESS than a reasonable royalty for the use made than a reasonable royalty for the use made of the variety by the infringer together withof the variety by the infringer together withof the variety by the infringer, together with of the variety by the infringer, together with interest and costs as fixed by the court.interest and costs as fixed by the court.
When the damages are not determined by theWhen the damages are not determined by theWhen the damages are not determined by the When the damages are not determined by the jury, the court shall determine them. In jury, the court shall determine them. In either event the court may increase theeither event the court may increase theeither event the court may increase the either event the court may increase the damages up to THREE TIMES THE AMOUNT damages up to THREE TIMES THE AMOUNT DETERMINED.DETERMINED.
PatentsPatentsPatentsPatents
A Patented Variety or contains a A Patented Variety or contains a patented gene:patented gene:patented gene:patented gene:–– A farmer may not save ANY seed for A farmer may not save ANY seed for
plantingplantingplanting planting –– A custom cleaner conditioner may not A custom cleaner conditioner may not
clean any seed of patent protectedclean any seed of patent protectedclean any seed of patent protected clean any seed of patent protected varieties.varieties.
PenaltiesPenaltiesPenaltiesPenalties
D t i d b C t d/ JD t i d b C t d/ JDetermined by Court and/or JuryDetermined by Court and/or Jury
Usually in excess of actual damageUsually in excess of actual damage–– Used as a deterrentUsed as a deterrentUsed as a deterrent Used as a deterrent
ResourcesResources
Bag and TagBag and TagGa. Crop ImprovementGa. Crop Improvement
www certifiedseed orgwww certifiedseed org–– www.certifiedseed.orgwww.certifiedseed.org–– Spring and Summer Seed DirectoriesSpring and Summer Seed Directories
Plant variety Protection OfficePlant variety Protection Officeyy–– www.ams.usda.gov/science/pvpowww.ams.usda.gov/science/pvpo–– 301301--504504--55185518
Patent OfficePatent OfficePatent OfficePatent Office–– www.uspto.govwww.uspto.gov–– 800800--786786--91999199
New Variety DevelopmentNew Variety DevelopmentNew Variety DevelopmentNew Variety Development
In the southeast new crop varietiesIn the southeast new crop varietiesIn the southeast new crop varieties In the southeast new crop varieties are primarily developed and released are primarily developed and released by land grant collegesby land grant collegesby land grant collegesby land grant collegesFew private breeding programs Few private breeding programs
Land grant universities Land grant universities –– PeanutPeanutPeanutPeanut–– WheatWheat–– SoybeansSoybeansSoybeansSoybeans
Private seed companiesPrivate seed companiesCottonCotton–– CottonCotton
–– Corn Corn
Results of Plant Variety Results of Plant Variety Protection Act (s) andProtection Act (s) andProtection Act (s) and Protection Act (s) and PatentsPatents
The decade following the passage of The decade following the passage of the PVP act saw a significant increasethe PVP act saw a significant increasethe PVP act saw a significant increase the PVP act saw a significant increase in new variety releasesin new variety releases
GCIA certified varieties in 1970GCIA certified varieties in 1970Soybeans 8 ( 2 private and 6 public)Soybeans 8 ( 2 private and 6 public)Wheat 5 ( 2 private and 3 public)Wheat 5 ( 2 private and 3 public)Wheat 5 ( 2 private and 3 public)Wheat 5 ( 2 private and 3 public)
–– GCIA certified varieties in 1980GCIA certified varieties in 1980Soybeans 23 ( 7 private and 16 public)Soybeans 23 ( 7 private and 16 public)Soybeans 23 ( 7 private and 16 public)Soybeans 23 ( 7 private and 16 public)Wheat 13 ( 7 private and 6 public)Wheat 13 ( 7 private and 6 public)