Our firm has worked on many Plant Variety Protection Act (“PVPA”) cases since the law was modernized in 1994. 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, and much more.
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 this act provide individuals taking the time to improve the industry with the ability to take ownership in 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 incurred to be recovered through the sales of the developed product. Protection under the PVPA allows the certificate holder to monitor how the seed is sold or advertised and determines who then may be given permission to do so.
If the owner of the certified seed believes someone has illegally sold or distributed the property, he or she may then bring a civil action against the offenders and receive compensation.
PVPA Benefits U.S. Agriculture and Farmers
- Encourages development of resourceful varieties.
- Ensures better agronomic varieties for producers.
- Provides genetically pure varieties to the producer through the use of certified seed.
- Ensures ongoing 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.