Dynamics of Proprietary Seed

1. ynamics of Proprietary Seed Michael Mazourek

2. 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.

3. 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

4. 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

5. 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

6. 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

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
• 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

9. 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/Plan
t-MTA.pdf

10. 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

11. 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

12. My University is Progressive
• Royalties support and stabilize my breeding
program
• They support keeping my seeds in the
public domain