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2013 CIOPORA Chronicle

CIOPORA annual magazine on Intellectual Property protection for plant innovations 2013. Produced in cooperation with FloraCulture International. Read in the 2013 issue: - PBR topsy-turvy. How UPOV and its members turn the system upside down - Breeding industry ‘manifesto’ reflects strong visions and daily practice - Marketability of innovation – the power of ideas in horticulture - Contemporary marketing solutions for horticultural businesses - Hydrangeas in a PVR squeeze - Clearly or just about distinguishable? and more...

CIOPORA annual magazine on Intellectual Property protection for plant innovations 2013. Produced in cooperation with FloraCulture International.

Read in the 2013 issue:
- PBR topsy-turvy. How UPOV and its members turn the system upside down
- Breeding industry ‘manifesto’ reflects strong visions and daily practice
- Marketability of innovation – the power of ideas in horticulture
- Contemporary marketing solutions for horticultural businesses
- Hydrangeas in a PVR squeeze
- Clearly or just about distinguishable?
and more...

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trust. The breeder needs an agent<br />

who will represent their interests to<br />

the best of their abilities and will<br />

ensure that they are not rippedoff.<br />

The grower needs the agent to<br />

honour his word, be honest about<br />

the qualities (and faults) of the<br />

plant, to be an effective conduit for<br />

communication and to ensure that<br />

the plant really is worthy of their<br />

time and resources.<br />

Whilst the relationships are<br />

dependent on trust, it is also up to<br />

the agent to ensure that the correct<br />

legal protections (intellectual<br />

property) and contracts (trial agreements,<br />

licences) are all in place and<br />

are as robust as possible. Breeders<br />

and growers alike must understand<br />

the importance of effective<br />

protection of innovation, through<br />

patent, plant variety rights and<br />

even trademark. Without effective<br />

protection, the value of innovation<br />

is diminished. Then it becomes too<br />

easy for others to copy or reproduce<br />

the innovative plant variety<br />

without the breeder or their grower<br />

client being able to benefit or even<br />

recoup the cost of the innovation.<br />

For many breeders, even professionals,<br />

intellectual property and<br />

contracts are an area that is quite<br />

bewildering and not something<br />

they have sufficient knowledge of.<br />

Communication<br />

Communication is possibly the most<br />

important factor in these relationships.<br />

The breeder and grower need<br />

to exchange information openly and<br />

honestly. The breeder needs to make<br />

clear any known issues with their<br />

variety (disease resistance, propagation<br />

performance, mother stock<br />

qualities). Equally, the grower must<br />

return complete and full information<br />

to the breeder including comprehensive<br />

results from trials provided in a<br />

timely manner, plausible estimates<br />

(Photo credits: SelectaKlemm).<br />

In some<br />

genera such as<br />

Pelargonium we<br />

see that some<br />

breeders are<br />

making concerted<br />

efforts to breed<br />

towards specific<br />

goals that promise<br />

improved value.<br />

This is largely<br />

limited to the<br />

genera and<br />

species for which<br />

there is already<br />

a considerable<br />

established<br />

market<br />

for production and sales and truthful<br />

royalty reporting. The agent can act<br />

as a conduit for information, but<br />

also can work to keep the two main<br />

parties in line!<br />

Can breeders be more focused? I’ve<br />

heard it suggested recently that<br />

garden plant breeders have barely<br />

scratched the surface of what is<br />

possible. There are many species and<br />

even entire genera where very little<br />

controlled breeding has taken place.<br />

So it would be easy for breeders to<br />

wander aimlessly with their breeding<br />

programmes. But by communicating<br />

more effectively with customers<br />

and agents, it should be possible<br />

to begin directing efforts in a more<br />

focused and, ultimately, more<br />

profitable way. It is up to our industry<br />

to start to try to provide the<br />

information necessary for breeders<br />

to do that. Information about what<br />

growers want and what consumers<br />

want. In doing so, we will see new<br />

products coming forward that have<br />

added value for our businesses. |||<br />

About the author<br />

Graham Spencer is owner of Plants For Europe Limited, an independent<br />

plant breeders’ agent, based in East Sussex, England. Plants For<br />

Europe has just celebrated its tenth birthday. For more information,<br />

see www.plantsforeurope.com<br />

Jondle Plant Sciences<br />

a Division of swanson & Bratschun, L.L.c.<br />

Robert J. Jondle, Ph.D., Esq.<br />

Patent and Trademark Attorney<br />

858 W. Happy Canyon Road,<br />

Suite 230<br />

Castle Rock, CO 80108<br />

Telephone: (303) 799-6444<br />

Email: rjondle@jondlelaw.com<br />

www.jondlelaw.com<br />

Jondle Plant Sciences is a full<br />

service intellectual property<br />

law firm of 16 patent and<br />

trademark attorneys and<br />

agents dedicated to all aspects<br />

of intellectual property law<br />

in the United States and all<br />

countries internationally.<br />

• Utility Patents: U.S. and International<br />

• Trademarks: U.S. and International<br />

• Plant Patents, PVP, CPVR and Plant<br />

Breeder’s Rights (PBR/UPOV)<br />

• Worldwide Intellectual Property<br />

Protection and Strategies<br />

• Opinions and Counseling<br />

• Licensing, Contracts and Trade Secret<br />

Issues<br />

• Litigation; Dispute Resolution<br />

Areas of Practice: plant sciences, life<br />

sciences, biotechnology, plant protection,<br />

mechanical, electrical, computer software<br />

and technology, pharmaceutical, medical<br />

devices, international prosecution, and<br />

litigation support.

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