b'PROTECTING INNOVATIONThey Stole My Seed!I HEAR ITall the time: They stole my seed!your seed, thus helping to maintain your ownership of a Whether its vegetables, grass, wheat, or soy- seed variety or technology.bean, people reach out to me because someone isFinally, PVP protection is another option for seed growing or selling their seed and they are not happy.varieties. PVP protection is used by developers of new Often, we talk about the situation but the conversa- varieties to restrict the use, marketing, and sale of a tion always comes back to one basic questionWhatvariety. However, unlike a patent, a PVP allows a farmer makes it your seed?to save seed in certain cases. You spent years and massive amounts of money to develop this seed or this technology and you want a return on that investment. However, once the seed JAMES WEATHERLY is out of the barn, there are so many hands that touch Seed Innovation andseed in the course of commerce, from dealers to multi- You also have to get out there and ensure Protection Alliancepliers to the growers and other seed companies, theres executive director an infinite number of ways to lose control of the seedyour licensees are following the terms of the you created. But without some sort of control mecha- agreements and you have to police your patent nism over your seed, it can be virtually impossible to stop someone from growing or selling your seed onceand/or PVP rights. you make your first sale.Fortunately, there are some simple steps you can take to make sure you have as much control over your seed as possible, including contractual agreements such as End User Agreements, Material Transfer orIt is important to note that just getting a contract in Testing Agreements, and Production Agreements,place to restrict making or using a seed, or procuring patent rights and Plant Variety Protection (PVP).a patent or PVP, is not the end of the story. You also WHEREWEB In the U.S. contractual or license agreements arehave to get out there and ensure your licensees are ON THE often used as a way to restrict the use of the seed by thefollowing the terms of the agreements and you have to For more information licensed researcher, producer or grower. By way of exam- police your patent and/or PVP rights. on the intellectualple, a Limited Use Agreement between a farmer and aIn summary, just stating that a seed is yours is not property protectionbreeder may require that seed from the variety can onlyenough. In order to ensure that you maintain your associated with be used to produce one commercial crop and cannot beownership of that seed or technology, you have to take seed, visit the used for planting, transferred or provided to any party forsome steps. Using contracts, patents, and PVP protec-SIPA website atcrop breeding, research or seed production. tion can provide important mechanisms to protecting seedipalliance.comIn addition to contracts, specific seed varieties, char- your proprietary rights to seed and seed technologies or contact James Weatherly at jamesw@ acteristics and improvements may be protected in theand ensures that somebody else does not take owner-seedipalliance.com. U.S. by one or more patents. In general, a patent allowsship of your seed.the patent holder to prevent others from making, using,For more information on the intellectual property offering for sale and selling, or importing the claimedprotection associated with seed, contact the SIPA invention into the United States. For the seed industry,program by visiting the SIPA website at www.this coverage can be an additional form of protectionseedipalliance.com or contacting James Weatherly at to prevent or restrict others from producing or sellingjamesw@seedipalliance.com.SW12/ SEEDWORLD.COMJANUARY 2021'