b'S T R A T E G Y A featured segment designed to help you in the realm of retail seed sales. Does the U.S. Need IP Reform?With rapid consolidation in the seed sector, intellectual property is held by a handful of businesses. Is there need for future reform?Alex MartinTHERES BEEN Adis- founding principles of thetime within which you can cussion in the air through- U.S. the founding fatherstake advantage of your unique out 2022 in the seed industry,recognized the importanceeffort and financially profit and it specifically stems fromof legal protection for some- from it. Those are good things whether or not competitionbodys new inventions andthat has driven the innova-is being stimulated in the U.S.original works, says Joeltion of a lot of things we enjoy seed industry.Cape, owner of Cape Lawtoday, and certainly is true in On March 11, the USDAFirm in Fayetteville, Ark.the seed industry.initiated a public inquiryEssentially, IP was createdIn the seed industry urging the public to reachto provide an incentive forthough, some consequences out with their commentspeople to develop new prod- have developed. Mostly due regarding seeds, fertilizer anducts and new inventions.to a rapid consolidation within retail markets. The comment While IP has been athe sector.period was a result of the Julyfundamental principle for aWere seeing a lot less 9, 2021 Executive Order onlong time, as applied to plantPhil Howard. competition and a lot more Promoting Competition in thematerials, its still fairly recentconsolidation in many indus-American Economy wherein the realm of history. triesnot just seeds, says President Biden put intoAs people become moreof seed reproducing plants.Phil Howard, professor in the action 72 initiatives aimed toinvolved with developing newEventually, the SupremeDepartment of Community combat what he called com- varieties, the Plant Patent ActCourt decided that livingSustainability at Michigan petition issues in the economy. of 1930 was establishedbutorganisms could be patentedState University. Theres Though the USDA hasntit was more limited in scope. inDiamond v. Chakrabarty,a trend towards fewer and announced their final decisionThat was limited only to the case which establishedlarger firms, and thats a on the matter, the commen- asexually reproduced plantsthe framework for protect- result of, in many cases, being tary period ended on June for lack of a better word,ing plant materials with utilityallowed by government.15, with different stakehold- cuttingsbecause thosepatents, which Cape notesOn top of that, Howard ers from the seed industrywere genetically identical tois what most people think ofnotes that in comparison to reaching out to give theirthe parent can could be repro- when they think of IP.other industries, consolida-perspective on a multitude ofduced in a stable fashion,That decision in 1980 reallytion within the seed sector has aspectsincluding intellec- Cape says, adding that seed- started laying the groundworkdeveloped more rapidly than tual property (IP) and seed.reproduced plants werentfor a lot of the protections thatother sectors. On our last Strategyoriginally included becausewe use in the seed industryIn the U.S., over 80% of Webinar, Seed World askedthere was a belief that youtoday, Cape says.the beef processing market two experts an importantcouldnt reproduce them in aFundamentally, intellec- is held by just four firms, he question thats floating arounduniform and stable fashion. tual property protection issays, noting that the beef the industry: does IP protec- As technology and scien- good, says he continues. Itprocessing industry is an tion hinder or encourage com- tific understanding evolvedenables firms and people thatextreme example. But the petition in the seed industry? around plant variety devel- are investing time, resourcesseed industry is even more opment, the Plant Varietyand effort developing prod- consolidated, looking at it The History of IPProtection Act was added inucts to better our lives toglobally where you haveas Protection, Consolidation 1970, which was legislationobtain what we typically call aof about 10 years agojust IP protection is one of thethat developed the protectionlimited monopolya limitedthree firms controlled about 126/ SEEDWORLD.COMDECEMBER 2022'