Faculty in the News
In the News
K-State: Farmers' seed use is illegal
Publication date: May 22, 2009
Source: Salina Journal
Author: Duane Schrag
***
The Salina Journal quoted Andrew Torrance, associate professor of law, in an article about how patents and, more often, Plant Variety Protection certificates place restrictions on what farmers can do with seed varieties developed by researchers at Kansas State University Research and Extension.
The Journal wrote:
These PVP certificates offer patent-like protection, said Andrew Torrance, a professor at the University of Kansas Law School who specializes in intellectual property law.
...
Restrictions on use of the seed are not uncommon, but they do not always arise from PVP or patent restrictions. Sometimes, seed is sold under a license that specifically bars replanting of the crop.
"The license says you promise you won't collect and replant," Torrance said. Farmers who violate the terms of a license violate contract law, even if they fully comply with the restrictions imposed by a patent or PVP certificate.
A key component to PVP protection is that it lets farmers keep some of their crop for replanting.
"It allows farmers to do a certain amount of seed-saving," said Torrance.