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.