POLICIES FOR THE PROPRIETARY RELEASE, DISTRIBUTION AND SALE OF FRUIT VARIETIES AND GERMPLASM AT THE UNIVERSITY OF ARKANSAS

Abstract

James N. Moore, who began the University of Arkansas fruit breeding program in 1964, filed the first plant patent for a cultivar from the program in 1982, `Reliance' grape. Before that, he released six nonpatented cultivars. `Reliance' was anticipated to be more adapted to the midwestern U.S. than Arkansas and the South, and Moore was interested in program support outside Arkansas for those that would benefit from this development. He found that nurseries and producers were receptive to the idea of patented cultivars and paying per plant royalties on new developments. In 1984, eight nurseries were licensed to propagate `Reliance'. Since that time the fruit breeding program has released 40 cultivars, of which 25 have been plant patented. Licensing for the patented cultivars has been on a nonexclusive basis with nurseries in the U.S., and exclusive agreements for defined territories have been exercised outside the U.S. Total license agreements in early 2006 total >300. Trademarking was first used in 2003 for the first primocane-fruiting blackberry cultivars. Breeding agreements were put in place 2003 as a way to generate program support and move germplasm developments into additional commercial channels. Testing agreements have been expanded outside the U.S., with fees paid to test genotypes and provide first option for exclusive licensing. Proprietary releases have been of benefit to the University of Arkansas and intellectual property protection of new developments should continue to be used.