b'Does IP Encourage Competition in Seed?As the USDA examines competition within the seed industry, experts answer whether intellectual property encourages innovation.Alex MartinDO YOU THINKintellectual property (IP) protectionDepending on the crop, that development time can take any-encourages competition or hinders it? It might seem like anwhere from seven to 16 years, leavingonly a portion for com-obvious question to some, but its a question on the brain as themercialization.USDA reexamines competition in the agriculture sector. The get the benefit of a patent, though,you must file your On March 11, the USDA gave stakeholders across U.S. agricul- patent application within one year of disclosure, public availabil-ture an opportunity to submit comments on potential changesity or sale of that variety, says Weatherly. to IP protectionparticularly in the seed, fertilizer and cropYou have seven to 10 years to develop your variety and trial protection markets. it to figure out if its really going to be commercially viable, he The 60-day comment period is a result of the Executivesays. In some cases, the value in the patent may be in the first Order on Promoting Competition in the American Economy.few years of the life of the patent, for others it may take a few On July 9, 2021, President Biden put 72 initiatives into action toyears after the patent has been issued before it starts seeing address competition concerns in the U.S. economyseed, intraction in the marketplace and in some cases, it could take that particular, is one being examined currently. entire 20-year span to gain traction. While that comment period is ongoing, Seed World spoke with two expertsJames Weatherly, founder of Weatherly IP Solutions and Eloy Corona, executive director of the Seed Innovation and Protection Alliance (SIPA)to gauge why IP rights are important for encouraging innovation and competition for the future.Why IP is ImportantWhat exactly is IP, and why should it matter when consider-ing innovation and competition within the agriculture industry?According to the World Intellectual Property Organization, IP refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce. Typically, youd find these associated with some protection in the form of a patent, trademark or other plant variety protection, in terms of agriculture.IP is like a short-term advantage that a company can use for publicly disclosing their invention, says Corona. In the agriculture sector, its a short window of protection.Most patents on traits and germplasm in agriculture last 20 years from the filing date of the patent applicationwhich might seem like a long time, but realistically, is a short timeframe.When you look at the seed innovation cycle, it takes a while to develop a variety, he says. 34/ SEEDWORLD.COMJUNE 2022'