Plant Variety Protection

1970 Plant Variety Protection Act
Effects of the Asgrow vs. Winterboer case

	The U.S. Supreme Court, in a 8-1 ruling, determined that a farmer can only save and subsequently sell, that among of a protected variety which would reasonably plant his or her holdings should replant become necessary.
	Asgrow was awarded nearly $80,000 in damages in compensation for the illegal propagation of their genetics.

1994 Plant Variety Protection Act
Major Provisions effective April 4, 1995

	Prohibits the unauthorized sale of protected varieties of see.
	Requires that protected varieties be sold by variety name.
	Includes protection for potatoes and tubers. Extends period of protection from 18 to 20 years for most crops and from 18 to 25 years for trees and vines.
	Imposes stiff penalties for violators.

Benefits

	A continued supply of new and improved seed varieties to the American farmer and home owner.
	Provides incentive for breeders to develop varieties that: Increases yields Improves disease and pest resistance Reduces production costs Improves efficiency Increases research dollars
	Aligns the united States variety protection laws with our global trading partners.
	Release of improved varieties keeps the American farmer competitive and helps to reduce the U. S. trade deficit.

Questions

Q. Under the new law, can a farmer sell seed of a protected variety?
A. A farmer can sell seed of a protected variety, but only with the permission of the owner of the protected variety. There is no provision for a farmer to sell any amount without permission of the owner.

Q. Can a farmer save a protected variety for planting on his or her own holdings?
A. A farmer can continue to save seed of a protected variety for planting on his or her holdings. Holdings are considered to be land owned, leased or rented.

Q. How can a farmer know which law, the old or the new PVP law, governs what he/she can do with a protected variety?
A. A special label on a bag of seed will clearly identify protected varieties that are covered under the new Act. The label will state that no sales are authorized without permission of the owner of the variety.

Q. Is it legal for a farmer to condition, or have conditioned, seed of a protected variety?
A. It is illegal for a farmer to condition, or have conditioned, seed of a protected variety, unless the seed is to be planted on a farmer's own holdings. It is suggested that a conditioner take steps to insure the seed that is being conditioned is for use on a farmer's own holdings.

Videos available on KSIA

What about Tomorrow?
A farmer's roundtable discussion of PVPA, the law and how it applies. Discussions are both pro and con. Ideal for educating farmers, students, even civic meetings.

Investing in Tomorrow
Includes basic PVPA explanations, including the new 1994 PVP Act and the landmark court decisions that have taken place recently.

You may obtain a copy of either video by contacting:
Kansas Seed Industry Association
2000 Kimball Avenue
Manhattan, Kansas 66502
Phone (785) 532-6118

Contact Us

Agricultural Resources & Communications Inc.
301 Broadway
Belvue, KS  66407
785-456-9705
785-456-1654 Fax
chris@agresources.com