Re: Hybrid Seed
On Tue, Jun 15, 1999 at 07:14:37AM -0400, Bob Marcellus wrote:
> I have a question on Seed Hybrids. As I understand it seed Hybrids are
> created by crossing two (or three or four) types of seed in a certain
> manner such that the seed to be grown by the farmer is a registered hybrid.
> Now because the seed company that grows the hybrid has registered the seed
> as a hybrid they have the exclusive right to be the only company that sells
> that specific hybrid. Is this correct.
Close, but not exactly. Hybrids are created as you state by crossing;
however, the result is normally not registered but is protected as a
trade secret, by not disclosing the "secret formula" (parents, grandparents,
etc.) for creating the hybrid. A company may register a trademark on
the name of the variety but there is nothing to prevent someone else from
independently discovering and marketing the same hybrid through their
own breeding program.
> As I further understand it hybrid seed does well the first year out and if
> I was to grow from the seed I grow this year (which has been self
> pollinated) next year my crop will not be as good in Year2 as Year 1. Is
> this correct.
Seeds saved from hybrid plants will not breed true--they will resemble a
mix of characteristics of their parents, grandparents, etc. Generally
this means inferior quality. This is the reason that there is no reason
to "register" hybrids--without the secret formula they cannot be recreated.
However, open pollinated varieties that are bred which DO breed true--Dill's
Atlantic Giant is an example, as is the "Lumina" pumpkin--can be protected
by a patent (in the US, at least) under the Plant Variety Protection (PVP)
program. This is necessary since anyone can create seeds of an open
pollinated variety.
The fact that hybrids don't breed true is the main reason seed companies
like them so much--farmers can't save their own seed and have to come
back year after year to purchase more. That can get expensive over the
course of a few generations.
> The crop that I grow in Year 1 is generally sold to a central marketing
> agency and from there eventually sold to a consumer. My question is "is
> there any value in obtaining exclusive rights to a Hybrid grain for use in
> my brewery". Would this exclusive right be enforceable when the Seed
> company will sell farmers say 100 times more seed than what I will need in
> the brewery.
I don't quite understand how you will have exclusive rights if the seed
company will be selling to others as well. Can you give more details?
If you suspect you might end up in a lawsuit over the matter, I personally
would skip it. It would have to be a mighty fine grain that will make a
huge difference in the beer for me to want to risk involving myself in an
expensive, time-consuming lawsuit. And if the grain is that great, it
would seem that others would be very interesting in winning any suit you
might file. If it is that good, why would they want to create exclusive
rights agreements? Everyone would want it.
> Background is that I have been approached by a Seed Company that is making
> me this offer. Is this just air?
Well, you can set up just about any sort of binding legal business agreement
that you want with any other willing party (as long as you aren't illegally
extending a monopoly)... but is the return on investment worth it to pursue
this grain? I would suggest that if you already have a really fine brew,
spending your money and energy on marketing and distribution (or growing
really huge pumpkins) might be more prudent. Then again, it's not my
business.
Shaun
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