Plant Variety Protection

PVP Questions and Answers

What Is PVP?

Plant Variety Protection Act

The Plant Variety Protection Act (PVPA) was signed into law on December 24, 1970. The PVPA's objective is to encourage development of novel varieties of plants and make them available to the public, providing protection to those who develop or discover them, and thereby promoting agricultural progress in the public interest. The U.S. Dept. of Agriculture is responsible for administering the Act. A Certificate of Protection is valid 20 years from date of issuance in most cases. Varieties protected under Title V of the Federal Seed Act may be sold by variety name only as a class of certified seed. Sale of uncertified seed by variety name is in violation of both the certificate owner's rights and federal and state seed laws. Violators of Title V may be prosecuted by the federal or state government.

For a complete listing of PVP status of varieties, call the Colorado Seed Growers Association office at (970) 491-6202, or for more information on PVP or the Federal Seed Act, visit the following web sites:

http://www.ams.usda.gov/science/pvpo/PVPindex.htm

http://www.ams.usda.gov

Grower’s Declaration Form – for use by Approved Conditioners cleaning PVP-protected varieties

The advent of patented plant genes and changes in the Plant Variety Protection Act increase the potential liability to seed conditioners who knowingly or unknowingly condition protected seed without the permission of the legal holders of the intellectual property. To help protect conditioners, CSGA has developed this form which can be used to inform your customers and decrease your liability. Grower's Declaration Form

Is my variety PVP protected? (Link to Certificate Status Database)

http://www.ars-grin.gov/cgi-bin/npgs/html/pvplist.pl

PVP Status- Wheats in Colorado

PVP Status- Beans in Colorado

PVP Poster "Are You Breaking the Law?"

This poster was mailed to grain elevators, seed dealers and seed companies in July 2006 to educate and inform about the legal use of seed wheat. Click here to see the poster.

CSGA Participates in Farmer's Yield Initiative campaign to prevent brown bagging

For the first time in history, in a concerted effort to curb illegal seed sales, several wheat-related organizations across the High Plains have joined to form the Farmer’s Yield Initiative. Farmers understand the importance of property rights to protect their land and livestock investments, but the property rights of seed developers are often ignored. Dollars that flow back to seed research programs from royalties collected on the sale of seed through authorized dealers are critical to future development of better varieties. Nothing hurts the certified seed business more than illegal sales that bypass the rightful owners of each unique variety. FYI encourages all farmers and seed dealers alike to get involved by reporting illegal seed sales through the anonymous toll-free tip line 1-877-482-5907. With the advent of FYI, the likelihood of an illegal seed sale prosecution in Colorado is likely in 2006.

Click on the links below to view Farmer's Yield Initiative Ads: