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NEWS

Proven Seed: second 'brown-bagged canola' case reaches settlement

Winnipeg, Manitoba
March 29,  2001

Pioneer Hi-Bred and Proven Seed obtain Judgment in Federal Court for Plant Breeders' Rights infringement by a Manitoba business. 

Pioneer(R) Hi-Bred Production Ltd. and Proven(R) Seed recently obtained a Judgment in the Federal Court of Canada against a Manitoba business for violating Plant Breeders' Rights law by 'brown-bagging' seed. 

This enforcement is the second of several legal actions the companies say will help provide an even playing field for canola producers in Western Canada. The first settlement, announced March 19, 2001, identified a significant violation in Saskatchewan. Continued enforcement across the Prairies will enable breeders to carry on the development of high-performing canola varieties
for use in Canada. 

The judgment was obtained against Sanders Seed Farm of Manitou, MB, formally known as 3250318 Manitoba Ltd., Dan Sanders and Michael Sanders, as part of a settlement, which included significant damages for the unlawful sale of Pioneer(R) brand Canola Variety 46A65. 46A65 is one of the many canola varieties protected by the Plant Breeders' Rights Act. 

Continued Plant Breeders' Rights enforcement protects future for breeders and growers  

The Plant Breeders' Rights Act prohibits the unauthorized sale, offering for sale, or trading of any seed grown from a protected variety. In doing so, it protects the seed breeder's investment in time and financial resources required to develop new varieties. In this case, the defendants unlawfully sold Canola Variety 46A65, bred by Pioneer Hi-Bred. Proven Seed has exclusive selling rights in Western Canada. 

"We continue to take action to help support Plant Breeders' Rights law achieve its objectives - to help maintain an even playing field for all growers, and to make it possible for breeders to continue the development of high-quality canola varieties," says Neil Arbuckle, General Manager, Proven Seed. 

Significant settlement 

Terms of the settlement with 3250318 Manitoba Ltd., Dan Sanders and Michael Sanders, include a significant monetary settlement and an injunction permanently prohibiting all defendants from selling Pioneer(R) brand canola varieties protected by Plant Breeders' Rights. 

Committed to high-quality seed 

In addition to supporting Plant Breeders' Rights now and in future, Pioneer Hi-Bred and Proven Seed are committed to promoting the value of Certified seed to assure growers of varietal purity among other benefits. High-quality standards are a focus of both these companies who make significant investments to bring advanced genetics to market and to evaluate them in the most
extensive local testing program in the Prairies. 

Headquartered in Winnipeg, Manitoba, Proven Seed is the exclusive distributor of Pioneer(R) brand canola seed products in Western Canada. Proven Seed's primary areas of focus are canola, forages, and wheat. A business unit of United Grain Growers, Proven Seed also offers contracting opportunities with proprietary varieties in Linola(tm) and malting barley. Proven Seed conducts Western Canada's most extensive seed testing and evaluation through its Local Performance Check(R)program. For more information, visit www.provenseed.com.  

Pioneer Hi-Bred Production Ltd. is a subsidiary of Pioneer Hi-Bred International, Inc., a DuPont business, which is the world's leading developer and supplier of advanced plant genetics to farmers worldwide. With headquarters in Des Moines, Iowa, Pioneer develops, produces and markets a full line of top-quality seeds, forage and grain additives and provides services to customers in nearly 70 countries. DuPont is a science company, delivering science-based solutions that make a difference in people's lives in food and nutrition; health care; apparel; home and construction; electronics; and transportation. 

Company news release
N3425

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