PVPA Enforcement
Our firm has advanced the most cases of any firm in the nation on behalf of seed breeders, universities, and private companies.
Our firm has an unparalleled proven history of representing a diverse group of intellectual property owners in the unique area of seed genetics. Most resolutions are not confidential, so we can share a listing of some of our results - exceeding $21 Million. The attorneys with Henry Law Firm have worked on more Plant Variety Protection Act (“PVPA”) cases than any law firm nationwide. This unique federal agricultural law protects plant breeders and universities alike. We can help breeders and universities protect their future royalties on grains, wheat, grasses, peas, etc.
In this unique area of the law, we represent some of the nation’s leading plant scientists and university institutions. As part of that work, we urge a robust educational message to farmers and producers on why the royalties they pay for legal seed are essential for tomorrow’s seed investment. As part of the intensive educational effort, we work with institutions to circulate a broad newsletter that informs the seed industry of upcoming positive developments in the law and across the scientific community. An example of this positive messaging can be found at https://www.farmersyield.com/.
History of the PVPA – Why this unique law is important to scientists
The PVPA, first signed into law in 1970 and amended in 1994, helps provide patent-like rights to those contributing to the development of new varieties of plants. The benefits of such an act are that individuals taking the time to improve the industry have the ability to take ownership of the seed and earn a certificate to control its distribution. Overall, the idea is to protect the owner of the certified seed and allow for the research costs endured to be covered through the sales of the developed product. Concerning the PVPA, protection allows the certificate holder to monitor how the seed is sold or advertised and determines who may be permitted to do so. If the owner of the certified seed feels someone has illegally sold or distributed the property, he or she may then bring a civil action against the people involved and receive compensation.
Title V Plant Variety Protection Benefits U.S. Agriculture and You
Encourages the development of resourceful wheat varieties.
Ensures better agronomic wheat varieties for producers.
Provides genetically pure varieties to the producer through the use of certified seed.
Ensures ongoing wheat variety development by public and private plant breeders.
Grants developers patent-like protection from the sale of protected varieties.
Promotes agriculture progress in the public interest.
We believe consistent enforcement includes policing both large and small situations. We would be happy to discuss our results with you, all of which are intended to secure the future of our country’s small grain and grass innovation.
