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12 SEEDWORLD.COM JUNE 2015 J UST THIS PAST March the first major biotech trait came off patent and the possibility of so-called generic biotech seeds became a reality. In preparation the American Seed Trade Association and the Biotech Industry Organization BIO partnered to develop the AgAccord a framework of agreements meant to keep stability for growers and markets as biotech trait patents expire. Its comprised of the Generic Event Marketability and Access Agreement GEMAA and the Data Use and Compensation Agreement DUCA. The agreements make clear a number of issues that would otherwise cause confusion or uncertainty for agriculture stake- holders. In particular GEMAA and DUCA spell out who will maintain international regulatory approvals for a technology once its patents expire allowing continued trade with countries that regulate genetically modified organisms. They also allow access to off-patent events provide continued stewardship of the events and set up a negotiation process that facilitates sharing of technology. The reason we came forward with the GEMAA and DUCA was to provide certainty going forward says Matt OMara BIO managing director for food and agriculture. We looked at this as an across-the-board way of addressing all products coming off patent. GEMAA and DUCA GEMAA which went into effect in 2012 has 10 companies that have signed on to it. Under the agreement patent holders must give notice three years before a final patent on a particular technology is set to expire provide access to the event upon patent expiration and decide how international regulatory responsibilities for the tech- Seed World examines the future viability of generic seed in a post-patent world. Brian Wallheimer University Breeders Work to Ensure Choice The next wave of biotech trait patent expirations is expected around 2020 which means theres time to make changes to the system if necessary.