1. Seed Industry and IPR: A Seed Industry View Dr. Stephen Smith

2. Why and How to Protect Seeds?

3. Importance of Intellectual Property Rights APSA paper states: With increasing demand for food, feed and fiber to meet the growing population, there is an urgent need to have innovative breeding and research in important crop plants, especially for securing food and nutritional security. Intellectual Property (IP) through Plant Breeder’s Rights (PBR also referred to as PVP) encourages and stimulates innovation in breeding.

4. IPR Position Papers An IP position offers principles for national associations to incorporate into their positions and seed laws. Associations at the national, regional, and international levels develop position papers Using the paper’s principles, follow up workshops can help countries draft their own seed laws. Position papers are not national laws. – Include what the desired outcome could be

5. APSA’s Position Paper Will be a guide for countries without IP protection, as they develop their own. Can help countries within the APSA region develop harmonized IPR laws and regulations. Will encourage investment in the industry from domestic and foreign companies. Must represent the diversity of the APSA membership.

6. APSA’s Position Paper It encourages all countries to adopt UPOV 91, provides the strongest PVP available for plant breeders. It protects breeders while providing access to widely used well adapted germplasm. It encourages a strong regional environment encouraging more plant breeding and seed trade-improved agricultural production

7. APSA’s Position Paper The position paper is not a substitute for national laws. – Basis for advocacy of harmonized regional laws It cannot give an exhaustive list of options. It should not provide commentary on the different forms of IP protection available. It will loose focus and be less effective in providing a position if it discusses a board range of topics.

8. Seed Associations of the Americas Recently, SAA went through a similar process, when writing their IPR position statement. The original draft was a dozen pages long, to encompass the diversity within the region. For the majority of the issues, SAA was aligned with the ISF position. For the final position paper, SAA wrote a one page document with broad principals for the region.

9. ISF Language The language in the APSA position paper is very similar to the ISF “2012 View” language. ISF focused on agreed principles while understanding implementation details can vary between regions Where APSA agrees with ISF then consider using the ISF language, instead of revisiting these debates or reinventing language.

10. Topics to Include APSA covers many topics in its position paper. The message will be stronger if APSA focuses on IPR and discusses plant genetic resources in another paper. While protection and access are connected, they are different topics and should be addressed in different papers.

11. U.S. IP Protection The U.S. believes that strong IP protection is essential for a healthy seed industry. The ultimate beneficiaries are consumers. We have some of the strongest IP protection and range of choice for breeders and inventors in the world. We believe that the breeder should apply for the IP protect that best fits their needs. The ASTA position paper reflects these core principals.

12.  Plant Variety Protection Act  Utility Patents  Trademarks  Contracts and Licenses  Trade Secrets Types of Protection in the U.S. Genetics In Ground (seed treatments) Above Ground Herbicide Insect Resistance Management

13. Conclusions The APSA IP position paper is a necessary step to unify and strengthen plant breeding in the region. – Important step to regionally harmonised IP laws Adopting a shorter more focused IP position that points to the ISF language is preferable. Position papers are not proscriptive seed laws. Member adoption of UPOV 1991 is critical. Focus should be IP protection and the benefits to society that result from more innovation.