Kansas Plant Variety Protection Act Violator Settles with Syngenta

Syngenta has reached a settlement agreement with Marty Fletchall of Beloit, Kansas, in response to Syngenta’s allegations of Mr. Fletchall’s unauthorized selling and offering to sell of AgriPro SY Monument variety.

Under the terms of the settlement agreement, Fletchall has agreed to cease and desist from all further efforts to offer to sell and/or sell Syngenta PVPA-protected wheat seed varieties. Fletchall will also pay a fine to Syngenta as part of the settlement agreement.

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“Purchasing certified AgriPro seed allows Syngenta to continue investing in research and development, and to improve the wheat varieties available to growers,” said Greg McCormack, key account manager, Syngenta cereals. “The PVPA safeguards the ongoing innovation required to enable wheat farmers to attain their profit goals.”

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Under the PVPA, producers and others may not offer to sell or sell protected wheat varieties without permission of the PVP holder. The PVPA entitles PVP holders to obtain injunctions, monetary damages and reimbursement of attorneys’ fees against individuals offering to sell or selling PVPA-protected varieties without permission of the PVP holder.

The PVPA benefits all wheat industry participants. Growers need innovation and genetic providers that invest in developing new wheat varieties, and operate under the assumption that their long-term investment will be protected by the PVPA. Illegal sales of varieties reduces available investment needed for developing new and improved varieties. New genetics benefit farmers, the agriculture industry and consumers.

AgriPro SY Monument is the top planted wheat variety in Kansas for the past five years. This consistently high-yielding variety is well-suited to production systems throughout the state. An attribute of SY Monument that benefits the entire industry, is its market leading milling and baking quality.

Syngenta, along with several public and private plant breeders, will continue protecting its intellectual property investment and unique wheat genetics through court action if needed. Syngenta is a sponsor, along with many other institutions, of a strong educational campaign promoting the value of seed innovations through supporting a seed industry cooperative known as the Seed Innovation and Protection Alliance (SIPA).

SIPA is a coalition of seed companies and service providers who joined to facilitate and promote the respect of intellectual property rights for the benefit of members, growers, industry associates, consumers and the agricultural community. A component of the SIPA mission is to use education as an instrument to protect innovation as well as to facilitate and promote respect of intellectual property rights. With this educational campaign, Syngenta hopes to inform producers and sellers of the importance of wheat seed certification and the value it adds to the farming community through investment and research. Farmers suspecting a PVPA violation with non-certified seed sales may submit tips through the online reporting form https://www.seedipalliance.com/tip-line-help/ or phone in tips with complete confidentiality to SIPA at 1-844-SEED-TIP or (844) 733-3847.

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