b'S T R A T E G Yals would become accessibleWhile its hard to picturethe biotech traits probablyOn the flipside, these and free of legal restrictions,the future, Cape mentions inwouldnt exist, and I think welicenses have become which in turn, promotes fur- his submission to the USDA,would all agree that biotechextremely complex for row ther competition. Thats whyit would be beneficial to looktraits have been a wonder- cropsa lot of the burdens he believes USDA decidedat other examples in agricul- ful innovation for commodityare on the smaller players, to open up a commentaryture and the impact that IPcrop producers. While someCape says. Licensees are now period to discuss competi- changes have had, such asfolks fear genetic engineer- responsible for stewardship tion and intellectual propertythe Packers and Stockyarding, and consequently biotechrequirements, maintaining the within the seed industry.Act and the Perishable Agcrops, they have proven toproduct They take on a lot In the Executive Order,Commodities Act. be very helpful tofarmers andmore risk, but dont get the President Biden noted thatThe Perishable Agriculturalhave boosted output. benefits in return. SWconsolidation in the agricul- Commodities Act was tural industry is making itenacted at the request of the too hard for family farms tofruit and vegetable industryWHATS THE MOTIVATION BEHIND survive and that farmers areto promote fair trade in the squeezed between concen- industry, while the PackersPROTECTING YOUR IP?trated market power in agri- and Stockyards Division moni-cultural input industries. tors industry activities andWhen it comes down to it, why would someone want to have intellectual The hope is to help ensureconducts regulatory compli- property (IP) protection on their seed varieties? It all comes down to return that the IP system doesntance reviews and investiga- on investments. Most estimate new variety developments to take somewhere reduce competition in seedtions to determine whetherbetween seven to 16 years, which is a lot of time and effort to put to a variety. beyond that reasonably con- subject persons and firms are templated by the Patent Act.complying with regulations. One of the key drivers of innovation within any industry is the capital that is There are more and moreThey have within thoseinvested in research and development. Robust intellectual property protection barriers to farmers exchang- Acts the basic concept ofattracts the size and scope of investment necessary to develop improved ing seed, says Howard, notingrecognition that players in theseed varieties, says the American Seed Trade Association website. These in many areas, consolidationmarketbecause of whereinvestments are generally long-term; may require significant amounts of of seed has resulted in fewerthey are in their position capital resources; and entail large financial risks. Investments in research and seed choices as well as firmshave the ability to be onerous,development by the seed industry are directly related to the effectiveness of have dropped brands andburdensome and maybe eventhe intellectual property protection. reduced the number of varie- unfair in the way they deal ties for sale in some cases. Aswith other participants in theThese investments allow the public and private sectors the employment of a result, we have less diversitymarkets. We can take someskilled professionals, the development of new tools, rational land use, and in the food system. of those basic concepts andaccess to specialized equipmentall of which will enable them to continue apply them here in the admin- bringing innovations in the form of improved seed varieties for farmers and Is There Need for Reform? istration of seed related IP. new products for consumers.Theres one thing that cant beThis would be particularlyWant to read more about the benefits IP and seed?arguedIP is a good tool tobeneficial after seed technolo- Visit: betterseed.org/the-issues/intellectual-property-rights.propel innovation forward ingies come off patent.the seed sector. But, the ques- In the end though, Cape tion has become: does the IPsays its important not to ON THE WEBsystem need to be revised inforget: IP does allow moreWHERE the U.S. to encourage moreinnovations to be developed.competition at all levels of theIP does encourage inno- Want to watch the full webinar with Joel and Phil? Visit seedworld.com/does-intellectual-property-seed value chain? vation, he says. Without IP,actually-hinder-u-s-competition-a-seed-world-strategy-webinar-podcast.ENDORSED BY 128/ SEEDWORLD.COMDECEMBER 2022'