S2 dynamics of proprietary seed mazourek acorn

Dynamics of Proprietary Seed Michael Mazourek

Formality in Well-Intentioned Partnerships

• Documentation as a way to prevent misunderstandings• Ensuring the stability of non-profit/publicly developed

seeds• The different value and role of these seeds and efforts• The opinions expressed are my own and should not be

construed to necessarily represent my colleagues, university or funders

• 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.

Public/Private Dynamic I• Beginning of 20th century

• Open-pollinated seeds saved for planting

• Advent of certified seed programs lead to quality assurance and the first seed companies

• Public sector develops new cultivars

Public/Private Dynamic II• Hybrids become available and lead to

intellectual property

• Seed companies start in-house breeding

• 1970 PVP expands ownership

• 1980’s Biotech attracts international petrochemical and pharma companies

• Public vegetable breeders extract novel traits for germplasm development

Public/Private Dynamic III• Industry consolidation leads to

market focus (& unmet needs)

• “Organic” restores $ value to quality

• Resurgence of small seed companies

• Little “in-house” breeding creates demand for locally adapted open-pollinated seed

Public/Private Dynamic IV

• Public plant breeders should leave a legacy:• Train others in the art• Publish their methods • Create seeds that can be utilized

• Obligation to safeguard those resources• Abide by regulations• Preserve public nature

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

Searching for Seed • Breeding company vs distributor info• Potential to make inquiry to breeder about using

seed• Document acquisition of new seeds• Utility Patent

• Can cover traits and seed from plant• Plants propagated by seed

• Bag tags• Depends on the tag

• Plant Variety Protection (PVP)• Commercial reproduction of seed restricted

MTA: Material Transfer Agreement

• Mazourek often shares around 600 seed samples with home gardeners, produce growers and seed companies each year• These are free• We only request they sign an MTA first• Our intent is for this to be a positive way to

preserve a public seed source• http://www.ctl.cornell.edu/inventors/forms/

Plant-MTA.pdf

MTA: Material Transfer Agreement

• The seed is a free sample• The recipient may not patent or restrict the

use of others to use the seed or its traits or derivatives• The recipient may not go into commercial

production without a license• The recipient may not distribute the seed

but instead should direct them to me for seed

License• We try to do all non-exclusive licenses• Exceptions occur when a company has

sponsored the research, but even then the exclusivity expires after about 5 years• The licensee pays a royalty on seed sales • 10% if they use the cultivar as is, prorated if

they use it as a hybrid parent or for breeding• 80% of this royalty is returned to my

breeding program for future improvements

My University is Progressive

• Royalties support and stabilize my breeding program• They support keeping my seeds in the

public domain