Seed company sued for alleged unauthorized exports to China

By Scout Nelson

The South Dakota Board of Regents has taken legal action against Green Thumb Commodities, a commercial seed company, for allegedly exporting protected seed varieties to China. This action violates state and federal laws that safeguard the intellectual property of seed breeders.

The lawsuit focuses on the violation of the federal Plant Variety Protection Act. This law grants breeders of proprietary seed varieties a 20-year protection period, during which others are prohibited from selling or reproducing the seed without authorization.

The Regents claim that Green Thumb Commodities unlawfully sold six oat seed varieties, which were under the protection of the Plant Variety Protection Act. These seeds were developed by the South Dakota Agricultural Experiment Station at South Dakota State University, a research institution established in 1887 with the mission of enhancing life quality in South Dakota through agricultural research.

The case underscores the significance of intellectual property laws in agriculture, especially concerning patented seed varieties. The outcome could have significant implications for the seed industry and agricultural research, emphasizing the need for companies to respect and comply with these laws.

Photo Credit: gettyimages-zoran-zeremski