Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 7610 / SEEDWORLD.COM FEBRUARY 2017 KING OF THE vegetable industry, lettuce production in 2015 was valued at nearly $3 billion, according to the U.S. Department of Agriculture’s National Agricultural Statistics Service. As a crop’s value increases, so does the investment in innovation and technology associated with the crop. Seed companies have been adding value to lettuce, helping it to overcome biotic and abiotic hurdles and insect and dis- ease pressures, all while increasing yield and meeting consumer demands. To make this happen, companies have poured millions of dollars into research and development and breeders have toiled over research plots, analyzing data and selecting the best varieties to move forward in their programs. “We spend around 25 to 30 percent of our turnover in research and development,” shares Rick Falconer, who serves as managing director of Rijk Zwaan USA. It’s estimated that the seed industry as a whole invested $5 million on leafy green research and development in 1995, according to figures from the Seed Innovation and Protection Alliance (SIPA). Today, that number is closer to $22 million. As such, companies and plant breeders want to protect their investment. “Intellectual property (or IP) is the vector of innova- tion,” shares John Schoenecker, HM.CLAUSE director of intellec- tual property. “Every year, we create many new varieties. There are IP concerns throughout the entire cycle of plant variety protection, which includes innovation, breeding and distribution. “In innovation, legally accessing or protecting technolo- gies and novel traits of interest to growers and consumers is important. In breeding new varieties, IP allows us to balance the protection of new varieties while facilitating access to genetic diversity. In distribution, IP secures our return on investment.” Playing by the Rules Falconer explains that to remain healthy as a business and as an industry, “it’s important to earn a return on investment, which can then be reinvested in research and development activities.” Plant varieties can be protected by many forms of IP, some of which include plant variety protection (PVP), agreements, trade- marks, copyrights and trade secrets. When it comes to lettuce and leafy greens, there’s a patent that will be expiring this spring. So what can a company do, or more importantly not do, to prepare for the expiration of this coveted patent and take advantage of market demand? The answer: “It depends,” says James Weatherly, executive director of SIPA, which was formed in 2014 to create a unified and consistent voice for education and best practices around IP protection and its value. “You have to read the patent to find out what is, or is not, permitted in the 20-year period of protection.” He says a patent doesn’t just restrict sales, but can also prohibit research, breeding and multiplication prior to an event’s expiration. For instance, a patent with the appropriate language can prevent companies from working with the patented material before the patent expires. “In most cases, depending on what the patent actually says, you can’t breed, produce or save seed until the patent expires,” Weatherly says. “Just because you are not selling the seed doesn’t mean that you are not infringing. As research and development into the advancement of leafy greens has increased so has the level of intellectual property protection — and with that comes confusion about what can, and cannot, be done. Julie Deering PROTECT THE GREEN 1995 $ 31 MILLION Total Seed Value 16% Invested in R&D $ 5 MILLION 2005 $ 93 MILLION Total Seed Value 18% Invested in R&D $ 19 MILLION Spent on Leafy Green R&D Spent on Leafy Green R&D 2015 $ 105 MILLION Total Seed Value 23% Invested in R&D $ 22 MILLION Spent on Leafy Green R&D SOURCE: SEED INNOVATION AND PROTECTION ALLIANCE.