OSU-OARDC Plant Germplasm Release Guidelines and Practices

Special Circular 178-01

Guidelines for Granting Exclusive Rights to Market OSU-OARDC Crop Varieties Nationally and Internationally

The Plant Variety Protection Act gives the owner of a crop variety the right to restrict export of seed. Interested companies, marketing groups, or individuals who wish to market OSU-OARDC varieties in a particular market should prepare a proposal and submit it to the CVRDC. After reviewing the proposal, the CVRDC will make a recommendation to the Director of OARDC and to the OSU-OTL regarding its acceptance.

The proposal should outline a plan for seed production, seed certification, marketing, and collection of research fees and/or royalties. The proposal should indicate that the requesting organization or individual has done sufficient preparation to give a high probability of success in the proposed market. Proposals should indicate:

1. A brief description of commodity production practices and prevailing seed sales practices in the target market.
2. Compliance with all applicable state and national laws, including those of the foreign country where marketing may take place.
3. A detailed plan for marketing, including the distribution of variety descriptions or other promotional material.
4. The financial compensation that will be paid to Ohio State University.
5. A mechanism to protect OSU-OARDC's rights as owner of the variety.
6. A mechanism to assure preservation of genetic identity and integrity of OSU-OARDC varieties.
7. A detailed description of arrangements made for seed production.
8. A detailed description of seed certification standards that will be followed.

The OSU-OTL has the ultimate authority and responsibility to negotiate and complete any licensing agreement.

In its review, the CVRDC will use the following guidelines:

1. The impact of the proposed activity to Ohio agriculture will be considered carefully. Only proposals that are consistent with the mission of OSU-OARDC (see Appendix 1) will receive favorable action.
2. The proposal should contain a marketing plan, financial arrangements, and seed certification guidelines that maximize the variety's opportunity for successful use.
3. Any assistance in developing the variety that was provided by the organization or individual making the request will be considered by the CVRDC in its recommendation. Assistance will be ranked according to the following criteria:
   1. Direct funding through a grant;
   2. Assistance with replicated trials at multiple locations, including the collection of quantitative data;
   3. Assistance with replicated trials at multiple locations, including the collection of qualitative or subjective data;
   4. Assistance with unreplicated or single-location trials.
4. Maximization of royalties to OSU-OARDC will not be the only factor regarding assignment of release privileges. A priority ranking for an exclusive variety release privilege or option will be awarded as follows:
   1. Ohio producers;
   2. U.S. producers outside Ohio;
   3. International firms.
5. Assignment of exclusivity to Ohio-based firms may result in assignment of distributor rights to foreign firms as subcontractors.
6. The Ohio State University reserves the right to award exclusivity on a case-by-case basis such that the interests of all petitioning parties and the originator can be fairly served.