PLANT VARIETY PROTECTION

Under the Plant Variety Protection Act of 1970 (revised 1994), an originator, developer, or owner of a variety may obtain protection (patent) for that variety exercising one of two options:

1. The authorized agent may sell either certified or non-certified seed of the variety, with a label stating “Unauthorized propagation prohibited – U.S. Variety Protection applied for” (or “.... U.S. Protected Variety”, if the certificate has been issued). Infringement of the patent is litigated by civil action.

2. The authorized agent may elect to utilize the provisions of Title V of the Federal Seed Act, which stipulates that the variety may be sold by variety name only as a class of Certified seed. The labeling is similar to the non-certification option except for the added statement “To be sold by variety name only as a class of Certified Seed”. Infringement of the Patent in this case is a violation of the Federal Seed Act and thus has advantages for enforcement as compared with civil litigation.

NOTE 1: It is the responsibility of the seller to publicize that the variety is protected and have it labeled properly. Some of the varieties eligible for certification in Utah are protected, and are so designated in the current variety list. The following logo, when it appears on a seed bag, tag, or container, means the seed is protected by the PVP Act.

NOTE 2: An exception to the PVP Act permits a farmer to save and plant his own seed of a protected variety on his own farm. The 1970 PVP Act also allowed farmer-to-farmer sales with certain limitations, but the 1994 revision prohibits all such sales without the express permission of the variety owner or agent.