D2-Lancaster Firming Saturday, November 23,1991
KALAMAZOO, Mich.
Asgrow Seed Company recently
gained a landmark judge’s ruling
that could have a dramatic impact
on the way violation cases of the
Plant Variety Protection (PVP)
Act are tried in years to come.
The ruling, extended by Judge
Donald E. O’Brien of theU.S. Dis
trict Court for the northern district
of lowa, western division, pro
vides a very important legal deifi
cation of the PVP Com Exemption
or saved seed provision.
The ruling came in the case of
Asgrow vs. Dennis and Becky
Winterboer of Milford, lowa.
“Some might look at this as a
victory for Asgrow Seed Com
pany. In reality it’s a tremendous
victory for all of agriculture,” said
Norman A. Braksick, president of
Asgrow. “This case will help us
pursue PVP violators more effec
tively and efficiently in the future.
Reducing these PVP violations
will allow us to continue our heavy
investment in research and deve
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Box 2312, RD4 Lebanon, PA 17042 (717) 867-5222
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Asgrow Gains Landmark Ruling
lopment of improved soybean var
ieties that benefit both farmers and
consumers.”
PVP was passed by Congress in
1970 to encourage the discovery,
breeding, and development of
improved plant varieties, and pro
vides patent-like protection to
companies developing new variet
ies. The act prevents others from
engaging in the seed business with
a protected variety without permis
sion of the variety’s owners. It
does, however, allow farmers to
save seed from protected varieties
for their own planting needs.
Congress never expressly
defined the limits of saved seed,
and this exemption has been a
major point of contention in sever
al PVP violation suits filed for the
last 21 years.
In the Asgrow vs. Winterboer
case, the defendants argued that, as
farmers, they had the right to sell
up to 49 percent of their crop as
seed. Asgrow countered that the
PVP Crop Exemption allows far
809 Glen wood Owe (foh'a** PA *7s *2
717-733-9590
mers to save only enough seed to
meet all their possible planting
needs.
Judge O’Brien agreed. He ruled
farmers like the Winterboers have
the right to save one bushel of soy
beans for every acre they could
potentially plant the following
year. For instance, an individual
who farms 1,500 acres could save
1,300 bushels of soybeans for his
planting needs. If he only planted
750 acres in beans the following
year, he could sell the leftover seed
to other farmers as long as all other
requirements of the PVP law are
met
In this ruling. Judge O’Brien
noted, “Clearly, the intent (of
PVP) is to encourage companies to
develop improved varieties of seed
and to provide for these developers
the right to protect this product
from unauthorized sales by others.
To allow the defendants to sell vir
tually unlimited amounts of the
plantiff s novel line of seed would
lead to a result contrary to the
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301-398-8132
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I Waynesboro, Pa.
I 717-762-3193
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Annvllla, Pa.
717-887-2211
intent of the statute.”
Braksick saidd, “We’re very
pleased with Judge O’Brien’s rul
ing. His clear, legal definition of
saved seed will put some new teeth
in the PVP law. We’ll be able to
stop some willful infringers just by
showing them this ruling. We’ll
also have an advantage in those
future PVP suits in which legal
action is taken.”
Asgrow has had a history of suc
cess in PVP cases even before the
landmark Winterboer ruling. Since
1983. the company successfully
has completed 19 cases filed
OPERATOR
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FARMER EQUIP. 4 HOLTRY’S EQUIPMENT NICHOLS FARM EQUIP,
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814-443-1681
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301-786-6800
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Honasdala, Pa.
717-729-7117
against individuals or seed mer
chants in Indiana, lowa, Louisiana,
Mississippi, Tennessee, Texas,
Arkansas, Missouri, and
Minnesota.
The reason for the company’s
dogged pursuit of violators is
simple, Braksick said. “The PVP
law is only as strong as we make it.
And we need a strong law so we'li
continue to have the resources to
develop superior products with
higher yielding capabilities,
increased disease and pest resis
tance, and value-added qualities.”
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Carlisle, Pa.
717-249-5338
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Ouakertown, Pa.
215-538-7523
New Tripoli, Pa.
215-767-7611
Olay, Pa.
215-987-6757