Biotechnology, Gene Flow, and Intellectual Property Rights

PREAMBLE Genetic improvement of varietal crops has historically been a public sector endeavor carried on primarily within Land Grant University Agricultural Experiment Stations and USDA. The Plant Variety Protection Act (1970) triggered significant private sector investment in plant breeding and genetics research, particularly soybeans, and a number of excellent varieties have been introduced by private companies. While these privately-developed varieties have normally been legally protected, the protection statutes allowed farmers to legally save seed for replanting and allowed researchers to use the protected genetics in research without violating the owner's rights. Private investment in agricultural genetics research has continued to grow and court decisions since the mid-1980s have allowed companies to protect developments through patents and grower contracts. These contracts prevent farmers from saving seed and enhance the patent owners' ability to obtain a return on their research investment. Patents protect the intellectual property inherent in seeds containing biotechnology or novel genetic traits produced through recombinant DNA techniques. Without these protections, companies cannot recoup their investment nor generate funds for further research. Public interest is best served when research and discovery are encouraged, when research results are widely published, and when the products of research are quickly and widely adopted. Yet, these activities should not interfere with the patent owners' opportunity to profit from their products. A careful balance is critical. Protection of intellectual property rights should not unreasonably limit research and discovery, even by public or other private institutions. Such research is needed to learn about disease resistance, possible risks, interactions with other traits, and widespread adaptability of varieties to environmental stresses. In order to protect the patent owner's rights, however, such public or private research cannot use the patented products to develop new varieties for commercial use without permission from the patent owner. The Ag Summit was held to explore these recent changes affecting the seed industry and farmers using new generation genetic products. We hope it has helped offer education on the new laws and regulations affecting the seed industry, and to increase understanding of the scientific issues associated with gene flow and identity preservation of grains. It is our hope that the summit and these proceedings enable those involved in the seed industry to make informed business, research, and policy decisions. Introduction Intellectual property protection has never been more important to the enterprise of plant breeding than it is today, for two principal reasons. First, commercial …