EFFECTIVE DATE: April 20, 2010

INTERNAL MANAGEMENT MEMORANDUM: 6C1-6.120-6 (Revised)

SUBJECT: IFAS; Policy Governing Release, Protection and

Introduction of Plant Material

The Institute of Food and Agricultural Sciences (IFAS)

has the responsibility for developing, introducing and releasing new cultivars of field, forage, vegetable, fruit, ornamental and forest plants to support agricultural, horticultural, and natural resources development in Florida. The policy and procedure statements outlined in this document are intended to provide guidelines for the release and protection of various classes of plant material developed by IFAS personnel or originating through cooperative efforts with other state, federal, or private organizations. This policy is set forward to insure quality releases by peer review and to provide an orderly mechanism for the release process.

INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES

UNIVERSITY OF FLORIDA

POLICY STATEMENT GOVERNING RELEASE

AND INTRODUCTION OF PLANT MATERIAL

Approved:April 20, 2010

Table of Contents

Page

Introduction ...... 2

IFAS Cultivar Release Committee ...... 2

Cultivar Release Advisory Committee ...... 2

Chronological Procedures for Cultivar Release ...... 3

Procedures for Germplasm/Breeding Line Release ...... 4

Policy Statement Concerning Commercial Use and Release of

Isolated Plant Genes ...... 4

Relations with Florida Foundation Seed Producers, Inc ...... 5

Joint Releases...... 5

Guidelines for Releases of Cultivars within Commodity Areas ... 5

Fruit crops ...... 6

Vegetable crops ...... 7

Ornamental crops ...... 7

Agronomic crops ...... 7

Forestry crops ...... 8

Additional Guidelines for Release of IFAS Cultivars...... 8

Invention Protection...... 9

Legal Protection for Cultivated Plants 9

Naming Cultivars...... 10

Protection Procedure and Royalty Distribution .....11

Cultivar Release Incentive Royalty Distribution 12

Exclusive or Restricted Release of Cultivars .....13

FFSP Role and Licensing...... 14

Cultivar Release Form ...... Appendix I

Distribution of Royalties Agreement ...... Appendix II

INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES

UNIVERSITY OF FLORIDA

POLICY STATEMENT GOVERNING RELEASE

AND INTRODUCTION OF PLANT MATERIAL

Revised April 20, 2010

TheInstitute of Food and Agricultural Sciences (IFAS) has the responsibility of developing, introducing and releasing new cultivars of field, forage, vegetable, fruit, ornamental and forest plants to support agricultural, horticultural, and natural resources development in Florida. The policy and procedure statements outlined in this document are intended to provide guidelines for the release and protection of various classes of plant material developed by IFAS personnel or originating through cooperative efforts with other state, federal, or private organizations. This policy is set forward to insure quality releases by peer review and to provide an orderly mechanism for the release process.

  1. IFAS Cultivar Release Committee

The IFAS Cultivar Release Committee shall consist of Chairs of the Departments of Agronomy, Environmental Horticulture, Forest Resources and Conservation, and Horticultural Sciences; the Associate Dean for Extension-Agricultural Programs; a representative of the Florida Foundation Seed Producers, Inc.; a representative of the Florida Department of Agriculture and Consumer Services; a Research and Education Center Director appointed by the Dean for Research; and the Dean for Research who will serve as Chair. The Germplasm Property Manager and the Chairman of the Plant Breeders’ Workgroup will serve as non-voting members of the IFAS CRC. The Committee shall meet at least quarterly to consider requests (made by Cultivar Release Advisory Committees) for the release of new plant materials. The Cultivar Release Committee shall:

  1. Approve the composition of Cultivar Release Advisory Committees.
  2. Approve release of Breeder stock of new plant materials developed by IFAS personnel, including material provided to IFAS, when sufficiently evaluated as determined by the Cultivar Release Advisory Committee.
  3. Approve stock increases and increase procedures for planting materials prior to release.
  4. Approve release of cultivars and other new plant materials.
  5. Review and approve authorship and content of cultivar release circulars.
  6. Approve names of cultivars and other new plant materials, using as a guide the International Code of Nomenclature for Cultivated plants.
  7. Approve protection alternatives as appropriate. Cultivar protection alternatives include no protection, or patent for asexually propagated cultivars while seed-propagated cultivars may be protected by Plant Variety Protection (PVP) certificate. The collection of protection fees may be appropriate. In the case of clonal asexually propagated plant material, the IFAS Cultivar Plant Patent Process will be determined by the IFAS Cultivar Release Committee. Patents could be either Plant Patents or Utility Patents. In the case of seed propagated materials, the application and documentation, as may be required, shall be forwarded to the IFAS Dean for Research to obtain the PVP.
  8. Receive and review minority reports associated with the consideration of any candidate cultivars.
  9. Approve release date for cultivars and other new plant materials, subject to protection alternatives.
  1. Cultivar Release Advisory Committee

A Cultivar Release Advisory Committee (hereinafter referred to as the Advisory Committee) shall be appointed for each potential cultivar or new plant material release. Voting members of the Advisory Committee shall consist of a minimum of five individuals capable of evaluating the proposed release with regard to its intended purposes. The composition of the Advisory Committee shall be recommended by the appropriate department chair to the IFAS Cultivar Release Committee for approval and appointment. At least two of the members shall be affiliated with departments other than that of the department chair. Nonvoting members of the Advisory Committee shall consist of the chair of the appropriate department, who serves as chair of the Advisory Committee, the Executive Director and/or the Intellectual Property & Licensing Director of Florida Foundation Seed Producers, Inc. (FFSP), a center director when the development program may reside at an REC; and the developer(s). The developer(s) is defined as the scientist and those working in cooperation with the scientist during periods when the germplasm was under development, but not limited to only individuals involved in the final evaluation. Developer(s) will make a recommendation to the department chair that a potential cultivar or germplasm/breeding line be considered for release. Department chairs will then initiate a meeting of the Cultivar Release Advisory Committee to give detailed consideration of the release. The Advisory Committee provides scientific scrutiny of the cultivar or germplasm/breeding line. Topics of discussion shall also include invasiveness, the best choice of IP protection and possible commercial license considerations. The Advisory Committee shall make a written recommendation to the IFAS Cultivar Release Committee concerning the release of the Cultivar or Germplasm release.

The breeder/developer, prior to the Advisory Committee meeting, shall:

  1. Submit a draft cultivar description of the developer’s release circular of the experimental line.
  2. Submit at least two recommended trade names to the Advisory Committee to be further evaluated and verified as usable trade names by FFSP. However, the developer and committee’s shall use only the experimental line number whenreferring to the new cultivar, in order that the proposed trade names remain available for later protection by Trademark Registration.
  3. Submit to the Advisory Committee aCultivar Release Form (CRF) listing inventors of the new cultivar, a brief description of the new invention, and a plan of intellectual property protection (See Appendix I).
  4. Suggest authorship of the release circular and when appropriate, compile and list all inventors, utilizing the Royalty Distribution Agreement (RDA) form (See Appendix II). Present the final signed form to the Director of FAES prior to the CRC meeting to give consideration of the release of the cultivar.

The Advisory Committee shall:

A.Evaluate proposed release regarding its intended purpose(s). (This Advisory Committee shall take whatever action is needed to carry out this function, including on-site inspection and evaluation.)

B.Review and evaluate the performance data provided by the developer(s) and cooperator(s).

C.Recommend whether a Plant Variety Protection Certificate (PVP), a Plant Patent, Utility Patent, Plant Breeder Rights, Trademark or other form of protection should be requested.

D.Discuss the commercial opportunities regarding the cultivar.

E.Cultivar Advisory Committees can/will recommend additional data or evaluations for those that are not approved which would improve their chance of acceptance in the future.

F. Notify the IFAS Dean for Research in writing concerning recommendations of the Advisory Committee and, where appropriate, request consideration for official release by the IFAS Cultivar Release Committee, if approved by two-thirds of the voting members of the Advisory Committee.

G. After the above procedures are completed, the Advisory Committee shall act as deemed necessary to assist members of the IFAS Cultivar Release Committee in their deliberations.

H. Advisory Committee will review and the Chairman will sign off on the Cultivar Release Form provided by the breeder/developer. The breeder/developer will provide the original completed form to the Chairman of the IFAS Cultivar Release Committee for review and final approval and release of the cultivar.

  1. Chronological Procedures for Cultivar Release
  1. The developer(s) shall notify the chair of the appropriate department, either directly or through their center director if they are located at a Research and EducationCenter, of their intent to recommend a new or improved cultivar for release consideration. The department chair shall then recommend an Advisory Committee to the IFAS Cultivar Release Committee for approval and subsequent appointment..
  2. It is recommended that the Advisory Committee be appointed at least one growing season before the anticipated release. Advisory Committee members shall become acquainted with the potential release with respect to its intended purpose, including review under production and evaluation conditions. The Advisory Committee shall meet as often as necessary to review data, advise the developer(s) and make recommendations concerning the potential release. The advisory committee shall at the earliest possible date encourage the developer(s) to begin the collection of all data necessary to complete the appropriate application for protection of the proposed cultivar.
  3. The chair of the IFAS Cultivar Release Committee shall be notified when the Advisory Committee determines that the potential cultivar should be considered for release. Notification shall be accompanied by documentation, including a draft of the proposed release document with an official cultivar description prepared by the developer(s) and the Advisory Committee, as supporting evidence for release.
  4. The IFAS Cultivar Release Committee chair shall make available to members of the IFAS Cultivar Release Committee the release documentation from the Advisory Committee and shall place the release of the potential cultivar on the agenda of the next scheduled meeting. The developer(s) shall meet with the IFAS Cultivar Release Committee to answer appropriate questions regarding their cultivar. Others may be called upon by the IFAS Cultivar Release Committee as necessary to answer questions concerning this cultivar.
  5. If the Advisory Committee recommend that a cultivar or germplasm is to be protected by a Plant Variety Protection Certificate (PVP), a Plant Patent, Utility Patent, Plant Breeder Rights, Trademark, or other form of protection, the breeders/developers are to complete all necessary application documentation required to file for the recommended form(s) of intellectual property protection and submit this documentation to the Germplasm Manager prior to the cultivar or germplasm being considered for release by the IFAS Cultivar Release Committee.
  6. Prior to release of the cultivar by the IFAS Cultivar Release Committee, breeder(s)/developer(s) shall complete a Distribution of Royalties Declaration Form and present it to the IFAS Cultivar Release Committee.
  7. The IFAS Cultivar Release Committee shall make the final decision concerning the release of the potential cultivar. Consideration shall be given to production of propagation material in sufficient quantities to supply demand and ensure future production. A quorum shall consist of two-thirds of the Cultivar Release Committee. Release shall be denied if there is more than one dissenting vote. In the event of denial, the issue shall be referred back, with comments, to the Advisory Committee. Cultivars rejected for release may be resubmitted with additional documentation.
  8. The IFAS Cultivar Release Committee shall assist the FFSP (when applicable) in determining propagation methods, the maintenance of breeder and foundation stock, availability of the cultivar, and preparation of publicity materials. Advanced increase of the propagules of especially promising lines may be desirable and can be authorized with the concurrence of the IFAS Cultivar Release Committee and the FFSP.
  9. The experimental line number shall always be used when referring to the new cultivar. The breeder/developer and/or licensee may recommend a trade name to the Advisory Committee and/or the IFAS Cultivar Release Committee, however, final approval of the cultivar trade name rests with the IFAS Cultivar Release Committee and/or the Director of FAES. See intellectual property protection section for additional naming considerations.
  10. Following approval for release by the IFAS Cultivar Release Committee and filing for protection of the cultivar (patent or PVP), the developer(s) may publish the cultivar description in an IFAS release document, appropriate journal or with an appropriate National Variety Review Board.
  11. Materials denied release as cultivars may, at the developer's request, be considered for germplasm/breeding line release should their characteristics warrant this (see Section IV).
  1. Procedures for Germplasm/Breeding Line Release
    Germplasm is defined to include sexually and asexually propagated genetic material, cell tissue culture lines, DNA fragments, and pollen.
  2. The developer(s) shall notify the chair of the appropriate department, either directly or through their center director if they are located at a research and education center, of their intent to recommend a germplasm/breeding line for release consideration. The department chair shall then recommend a Germplasm/Breeding Line Advisory Committee to the IFAS Cultivar Release Committee for approval and subsequent appointment.
  3. The Germplasm/Breeding Line Advisory Committee shall review the data available, including a descriptive summary suitable for publication or registering, a permanent name, and make a recommendation to the IFAS Cultivar Release Committee.
  4. The IFAS Cultivar Release Committee shall make the final decision regarding release of germplasm/breeding line and method of protection where appropriate. A quorum shall consist of two-thirds of the Cultivar Release Committee members present. Release shall be denied if there is more than one dissenting vote. In the event of denial, the issue shall be referred back, with comments, to the Germplasm/Breeding Line Advisory Committee. Cultivars rejected for germplasm/breeding line release may be resubmitted with additional documentation.
  5. The developer(s) shall register the germplasm/breeding line in the appropriate manner for the species, and in the case of seed- reproduced crops, provide breeder seed to the National Seed Storage Laboratory.
  1. Policy Statement Concerning Commercial Use and Release of Isolated Plant Genes

Plant scientists who desire to obtain U.S. utility patents for isolated plant genes of commercial interest must follow University of Florida patenting procedures (Office of Technology Licensing).

Release of clones to private industry through Memorandums of Understanding should be made only after a private company is informed of the pending patent held by the University of Florida.

Industry may use the clones in several ways such as:

  1. Collaborative research--In cases of this type, generated data would be published jointly by the private company and the scientist(s) at the Florida Agricultural Experiment Station.
  2. Research efforts of the private company--In this case, the private industry could be charged a fee for the clone. Such a charge would be independent of any licensing or royalties paid to IFAS or the University of Florida Research Foundation.
  3. Research and commercial development by the private industry--It is envisaged that genes of greatest commercial interest could be used in more than one plant species. Accordingly, the University of Florida Research Foundation may establish exclusive arrangements limited to one crop, and/or establish arrangements with different companies for different crops.
  1. Relations with Florida Foundation Seed Producers, Inc. (FFSP)

The Florida Foundation Seed Producers, Inc., a direct support organization (DSO) of the University of Florida, serves as the conduit or mechanism whereby cultivars released by the Florida Agricultural Experiment Station are made available to industry. The twofold purpose of FFSP is:

To ensure that there is available annually to Florida farmers and producers of crop seed and nursery stock, foundation seed stocks of the best known varieties of crop seed and other propagation material and to obtain as necessary such improved stocks by purchase, barter, lease, or gift; to propagate and increase as necessary the same through any agency and particularly by contracting with producers and institutions; and to disseminate as necessary such increased stock to its members and others.

A representative of FFSP shall be a member of the IFAS Cultivar Release Committee and the IFAS Cultivar Release Advisory Committees. Also, the IFAS Deans for Research and Extension of the University of Florida shall serve as ex-officio members of the FFSP Board of Directors.

  1. Joint Releases

Joint release efforts have historically been especially productive and reflect the high degree of cooperation between IFAS, other states and agencies such as the USDA. It is the intent of this policy to encourage joint development and release of cultivars. When an industry, state or federal agency is directly involved with IFAS personnel in the development of new plant material, a joint release between IFAS and the cooperating organization(s) shall be made, subject to approval of the parties involved. The release of information shall be through a joint agreement between IFAS and the cooperating organization(s).

Cultivars to be released by another state or agency in accordance with their own policies can be released jointly with IFAS, even though IFAS did not play a major role in the development of such cultivars. The decision to release such cultivars jointly shall be made by the IFAS Cultivar Release Committee upon receipt of a recommendation from an Advisory Committee or after consultation with the concerned developers and evaluators, whichever is appropriate.