2. Formality in Well-Intentioned Partnerships
โข Documentation as a way to prevent misunderstandings
โข Ensuring the stability of non-profit/publicly developed
seeds
โข The different value and role of these seeds and efforts
โข The opinions expressed are my own and should not be
construed to necessarily represent my colleagues,
university or funders
โข I am sharing this from my perspective and based on
systems I am familiar with in the USA. Your practices
and regulations surely have some differences.
3. Public/Private Dynamic I
โข Beginning of 20th century
โข Open-pollinated seeds saved for
planting
โข Advent of certified seed programs
lead to quality assurance and the first
seed companies
โข Public sector develops new cultivars
4. Public/Private Dynamic II
โข Hybrids become available and lead to
intellectual property
โข Seed companies start in-house breeding
โข 1970 PVP expands ownership
โข 1980โs Biotech attracts international
petrochemical and pharma companies
โข Public vegetable breeders extract novel
traits for germplasm development
5. Public/Private Dynamic III
โข Industry consolidation leads to
market focus (& unmet needs)
โข โOrganicโ restores $ value to
quality
โข Resurgence of small seed
companies
โข Little โin-houseโ breeding
creates demand for locally
adapted open-pollinated seed
6. Public/Private Dynamic IV
โข Public plant breeders should leave a
legacy:
โข Train others in the art
โข Publish their methods
โข Create seeds that can be utilized
โข Obligation to safeguard those resources
โข Abide by regulations
โข Preserve public nature
7. The Pedigree Breeding Process
Idea
Cross-pollination
F1 Hybrid
F2 Selection
F3-F5 Evaluations
Inspiration/Need/Trial Result
F6 Replicated Trial
F8
Shared with growers/may be cultivar
Shared with key growers/seed limited/unstable
Shared with growers/modest supply/uniform
Broad distribution of abundant seed by company
8. Searching for Seed
โข Breeding company vs distributor info
โข Potential to make inquiry to breeder about
using seed
โข Document acquisition of new seeds
โข Utility Patent
โข Can cover traits and seed from plant
โข Plants propagated by seed
โข Bag tags
โข Depends on the tag
โข Plant Variety Protection (PVP)
โข Commercial reproduction of seed restricted
9. MTA: Material Transfer Agreement
โข Mazourek often shares around 600 seed samples
with home gardeners, produce growers and seed
companies each year
โข These are free
โข We only request they sign an MTA first
โข Our intent is for this to be a positive way to
preserve a public seed source
โข http://www.ctl.cornell.edu/inventors/forms/Plan
t-MTA.pdf
10. MTA: Material Transfer Agreement
โข The seed is a free sample
โข The recipient may not patent or restrict the
use of others to use the seed or its traits or
derivatives
โข The recipient may not go into commercial
production without a license
โข The recipient may not distribute the seed
but instead should direct them to me for
seed
11. License
โข We try to do all non-exclusive licenses
โข Exceptions occur when a company has
sponsored the research, but even then the
exclusivity expires after about 5 years
โข The licensee pays a royalty on seed sales
โข 10% if they use the cultivar as is, prorated if
they use it as a hybrid parent or for
breeding
โข 80% of this royalty is returned to my
breeding program for future improvements
12. My University is Progressive
โข Royalties support and stabilize my breeding
program
โข They support keeping my seeds in the
public domain