8 / SEEDWORLD.COM OCTOBER 2018 IT DRIVES OUR ECONOMY. It spurs innovation. It enhances competition. What is intellectual property? According to the U.S. Chamber of Commerce (USCC), our economy is driven by the need to innovate, create and develop new ways to serve consumers, and the use of intellectual property rewards inventors, researchers, engineers, artists and entrepreneurs for their ingenuity. At the helm of managing intellectual property (IP) in the United States is the U.S. Patent and Trademark Office (USPTO), which leads efforts to develop and strengthen domestic and international IP protection. IP, as defined by Seed Innovation and Protection Alliance (SIPA) Executive Director James Weatherly, is the “intangible property right to an idea, invention, work of art or item that distinguishes a product or service in the marketplace.” However, the issues surrounding IP reach across multiple government agencies, from the Department of State, which is responsible for enforcement, and the Federal Bureau of Investigation, which is responsible for investigating IP infringement, to the Office of Policy and International Affairs, which helps to advise the president and federal agencies on IP issues and U.S. treaty obliga- tions, and the Office of the U.S. Trade Representative, which uses bilateral and multilateral trade tools to pro- mote strong IP laws and enforcement worldwide. Patent attorneys Michael Ward and Erich Veitenheimer agree that when it comes to the seed industry and IP, companies are behind compared to those in the technology sector, but they are catching up. Veitenheimer, a partner at Cooley LLP, says most of his clients, if they’ve not already, are in the process of implementing IP processes and are looking for help to fine-tune them. “Clients are coming in much more knowledgeable and sophisticated in their approach,” Veitenheimer says. Ward, a partner with Morrison Foerster, says: “The No. 1 driving force is the development of technology. For years, companies have done breeding the same way. Molecular genetics, with DNA sequencing and the ability to dissect the entire genome, has changed everything. “Now everyone in the seed industry is seeking IP protection. That was not the case 10 years ago. It used to be that people would seek Plant Variety Protection (PVP) through the U.S. Department of Agriculture, but there was Breeder’s Exemption, so the variety could be used in research. Now, breeders rarely seek PVP, instead they seek patent protection. “There’s a bit of an arms race. For companies, the fear is that they’ll run into somebody with a patent with a broad trait claim and won’t have anything to bargain with at the trading table — this is across the board.” Weatherly, who started his legal career in 2006 and has been focused on IP and agriculture, says across the board, there’s more and more emphasis on IP and the use of patents to protect innovations. “We see more and more investment in developing new innovations,” he says. “With that investment, com- panies need and want a return.” To protect their innovations and proprietary informa- tion, seed companies have a number of tools at their dis- posal, including patents, PVPs, trademarks, copyrights and trade secrets. Weatherly helps us break it down. Types of IP All forms of IP can be found in agriculture and play a very important part in the seed industry, Weatherly says, adding that even client lists are trade secrets. A team of legal experts examine how the seed industry compares to that of other sectors and what has changed. Additionally, James Weatherly breaks down the five primary mechanisms used to protect intellectual property. Did You Know? IP-intensive industries support: $6 trillion to the economy. 52% of merchandise exports. 45 million U.S. jobs. 47% wage premiums. Source: U.S. Patent and Trademark Office. MECHANISMS THAT PROTECT LOCKED UP: DISCOVER THE KEYS TO THE COMPLEX WORLD OF INTELLECTUAL PROPERTY. BY JULIE DEERING THE WORLD OF INTELLECTUAL PROPERTY IS VAST, COMPLEX AND CAN BE DAUNTING. IN FACT, SOME COMPANIES HAVE ENTIRE TEAMS OF PEOPLE DEDICATED TO NOTHING BUT IP. IN THIS SERIES, SEED WORLD STARTS WITH THE BASICS AND THROUGHOUT THE NEXT SEVERAL ISSUES WILL HELP INCREASE YOUR UNDERSTANDING OF IT, FROM HOW IT IMPACTS YOU TO IMPLEMENTING BEST MANAGEMENT PRACTICES WITHIN YOUR BUSINESS. JUST LOOK FOR THE LOCK AT THE TOP OF THE PAGE.