Berthoud,
Colorado
July 11, 2008
A Kansas wheat producer found out
recently that violating intellectual property rights is serious
business. Bill Spillman of Hoxie was found to be violating the
Plant Variety Protection Act (PVPA) by illegally selling
Jagalene wheat for seed. The producer settled his case for
$25,000 with the developer of the variety,
AgriPro, a division of
Syngenta Seeds Inc.
Selling protected wheat varieties as seed is illegal. In wheat
country, this theft is known as “brown-bagging.” Federal law
states that protected varieties may only be sold as a class of
certified seed by authorized seed growers and dealers. In the
Hoxie case, the producer had neither permission to sell the seed
nor certification of that seed.
Selling grain for seed is not only a violation of federal law,
it also takes investment away from wheat variety development.
AgriPro’s wheat research directly benefits wheat growers through
the introduction of varieties with better yields, improved
disease resistance, and advancements in technology. This
research also benefits consumers and the entire wheat industry
with better end-use quality. The royalties that wheat producers
pay when buying certified seed fund this research. Brown-baggers
and those who buy brown-bagged seed are getting a free ride at
wheat producers’ expense.
In order for a company or university to invest millions of
dollars in wheat research, it must be able to protect its
property rights. “We take an aggressive stand against this
practice by dedicating efforts and funding to prevent this
theft,” said Greg McCormack, Regional Manager for AgriPro. “Our
aggressive stand helps keep investment flowing into wheat
research.”
Wheat producers should keep PVP in mind as they complete harvest
and begin preparing for next year’s wheat crop. The law allows
producers to grow and keep seed of protected varieties for use
on their own farms. It does not allow for growers to sell or
trade that seed. The law allows prosecution of all parties
involved in the transaction: the seller, the buyer, the seed
cleaner and any other parties.
This fall as wheat producers line up their seed supplies, it is
best and safest to buy certified seed and to decline
participation in any illegal activities involving
“non-certified” seed.
AgriPro Wheat, headquartered in Berthoud,
Colorado is a part of the wheat business unit of
Syngenta, a world-leading
agribusiness committed to sustainable agriculture through
innovative research and technology. The Texas Agricultural
Experiment Station is a component of the Texas A&M University
System in College Station, Texas. AGSECO is a cooperative of
Great Plains seedsmen with their primary business office in
Girard, Kansas. |
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