Illegal use of proprietary seeds creating losses in excess of $10 million to plant breeders has prompted the industry to get tough.
Merchants, retailers and farmers - be warned, plant breeders have declared a crackdown on cheats.
New DNA technology is set to help plant breeders in their war against the illegal use of seeds as the New Zealand Plant Breeding and Research Association steps up its campaign against those who are reportedly stealing millions of dollars from breeders.
The DNA technology can clearly identify seed lines with accuracy and certainty.
It is fast and accurate and can effectively identify individual cultivars, significantly increasing the likelihood of a successful prosecution against any unlawful sales of Plant Variety Rights Act 1987 (PVR) protected or patented technologies.
The owners of PVR protected plant varieties will be carrying out DNA testing on a wide range of ryegrasses now on the market to determine their true ownership.
The misuse of proprietary cultivars is a serious problem.
Seed growers who illegally produce proprietary seeds cannot continue to cheat plant breeders by not paying legally due royalties, association chairman John Caradus warned.
"Plant breeders invest considerable time and money into the development of new varieties and they expect a fair return on this investment.
"It is stealing and if we don't make a stand it will continue to escalate."
"The loss of income to breeders is believed to be more than $10 million," Caradus said.
The DNA technology is used as a diagnostic tool to identify individual lines in much the same way as in criminal cases.
Genetic markers have been identified that can easily identify the variety and this information has already been used as corroborative evidence in a recent High Court action.
"We have the backing of the entire proprietary seed industry in this crackdown as it will protect the interests of not only the breeders and seed companies but also honest growers, processers and end users."
The technology supports the Plant Variety Rights Act 1987, which gives the holder of a plant variety right considerable power, including the right to charge a royalty on varieties.
The ultimate aim of the legislation is to improve the plant breeding industry by allowing breeders to own varieties and charge for their use.
The investment from royalties received results in better varieties through ongoing breeding.
"It is imperative that the breeders are able to collect their share of the benefit so that the breeding effort can continue and improved varieties are made available on a continuing basis," Caradus said.
PGG Wrightson Seeds NZ general manager David Green totally endorsed the position taken by the plant breeders.
This is a very important issue that the whole industry is prepared to take a stand on.
"If we don't take a stand then there is risk that NZ companies won't be in a position to invest in (seed) research and development."
NZ is a world leader in forage product development and those involved do not want that status compromised in any shape or form, Green said.
Misrepresentation of plant varieties also posed serious risk to farm operations.
"When this (misuse) activity takes place there is no guarantee as to just what farmers are getting.
"What they think they are getting and what they get could be two different things and that has potential to seriously compromise farm productivity."
Pastures are the fundamental platform to productivity. Farmers want to be assured they are getting what they paid for or they could be fighting an uphill battle from day one.
Green acknowledged there could be some misunderstanding of the PVR Act but that needed to be made very clear as cheating plant breeders was posing a serious threat to the integrity of the NZ seed industry.
Federated Farmers herbage seedgrowers sub-section chairman Hugh Wigley supported backing the integrity of NZ's seed industry.
"We have a reputation as being one of the best seed producers in the world and we most certainly need to protect that," the South Canterbury farmer said.
Farmers do have a certain appreciation of the proprietary rights to these cultivars and understand that the plant breeding sector of the industry is investing substantially into breeding and production.
"We certainly appreciate there can be problems with misuse of seed and that misuse is as much of concern to farmers as it is to the industry.
"The integrity of the system is as important to farmers as anyone else in the system," Wigley said.
But he expressed concern for farmers innocently caught unawares.
Farmers can save seed for their own use but selling or buying it over the fence is totally different.
The buyers of seed from over the fence have no idea of exactly what the seed contains nor can they be sure it will perform to expectation.
Farmers also need to be aware that seed of patented varieties or technologies cannot be retained for their own use.
For example, seed of grass varieties containing AR37 endophyte may not be saved for a farmer's own use.
Honest farmers need to be careful they are not caught up unintentionally in illegal activities.
Ignorance of the law will not be a sustainable defence.
"It is important there is very good awareness.
"Certainly we don't want cheating in the system but we also don't want innocent farmers being prosecuted." Wigley said.
© Copyright 2011. NZX Rural
