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

THETHETHETHE

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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

THETHETHETHE

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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)