b'EDITORS MESSAGEA BEGINNERS GUIDE ON HOW TO AVOID PRISONvariety or other documentation demon- Plant breeding is a highly sophis-strating the legitimate origin of the seedsticated and cost-intensive business. used. So there you have it: propagationDepending on the crop, the R&D pro-without the required authorization.cess takes on average 5 to 15 years. The This jail sentence for PVP infringe- breeder will seek to protect it through ment is not the first. Other Europeanintellectual property protection, most countries have preceded the Italian case.often through Plant Variety Rights (also For example, in 2016 a criminal court incalled Plant Breeders Rights).Spain sentenced an individual to a six- This protection helps to ensure that month prison term for infringing theseed companies are paid for their prod-plant variety protection (PVP) rights ofucts and for the investments they put a major French seed company over theinto developing them. They sell these soft wheat variety. Many other countriesproprietary products in the market using have listed infringement of plant breed- business models that reinforce their com-ers rights in their penal code.mitments to reinvest, provide a return to Marcel Bruins In the Spanish case, the defendanttheir shareholders and generate income transferred without authorization 800for their employees. It is a well-known L ate last year I received the news thatkilograms of grain of a certain wheatfact that plant breeding companies re-in-the owner of a large tomato farm invariety which had been conditioned tovest a high percentage (12-20 per cent) Vittoria, Italy, had been sentencedbe planted as seed. The court determinedof their sales revenues into research and to a year in prison and a 15,000 fine,that the defendant had violated thedevelopment that ultimately benefits as well as having to pay 70,000 in civilSpanish Penal Code, which at the timegrowers and consumers. damages. Why? The owner of the farm,prescribed a prison term of six monthsIt is vital for the sustainability of the in four of his many greenhouses, wasto two years for certain criminal viola- seed sector that these companies receive cultivating a tomato variety that wastions of plant variety rights. In addition tocompensation for their work in order that protected by Plant Breeders Rightsimposing the six-month prison sentence,they can continue their innovative efforts (PBR), and he had illegally vegetativelythe court ordered the defendant to payfor the benefit of farmers, retailers and reproduced plants of this variety withouta fine and civil damages in the amountconsumers.the required authorization.of 3,500. Plant breeding is tremendously The Italian Criminal Code penalizesAfter these events, the Spanishimportant. It provides plant varieties the manufacture and trade of goodsPenal Code was amended to increase thewith improved yield, more efficient use made by usurping industrial propertypenalties for criminal PVP infringementof nutrients, resistance to plant pests and rights. It is the first criminal sentenceand currently prescribes a prison term ofdiseases, salt and drought tolerance and regarding a protected plant variety inone to three years for any person who,better adaptation to climatic stress. And Italy. For the seed sector, this is excellentwithout the authorization of the varietythese are just some of the features that news, as this sets a clear precedent in theowner, with knowledge that the varietyallow breeders of new plant varieties to Italian and European seed market.is registered, and for agricultural or com- increase productivity and quality in agri-The whole case started with amercial purposes, engages in the repro- culture, horticulture and forestry, whilst complaint that was filed by the Anti- duction, sale, exportation, importation of,at the same time minimizing the pressure Infringement Bureau for Intellectualor possesses reproductive material of aon the environment. Property Rights in Plant Material (AIB), aprotected variety. We absolutely need plant breeding, Brussels-based organization with the aimSuch sentences set a significantand we absolutely need efficient ways to to fight illegal activity in the seed sector.precedent in the seed sector, because itguarantee a return on investment for the During the investigation, DNA anal- gives criminal significance to the wide- plant breeders. One of the most efficient ysis was carried out on the crops on thespread technique of reproducing plantsways to guarantee that return is through farm, and this analysis confirmed thecovered by Plant Breeders Rights withintellectual property rights, such as plant presence of the protected tomato varietycuttings or stubs of plants, a practicevariety protection. in the greenhouses. Furthermore, thewhich can damage the protected rights of local financial police confirmed that thethe owners of the varieties, under whichMarcel Bruinscompany was unable to provide purchaseeach seed purchased must correspond toeditorial director, European Seedinvoices for seedlings of the protectedonly one plant. mbruins@issuesink.com4IEUROPEAN SEEDIEUROPEAN-SEED.COM'