POLICIES FOR THE PROPRIETARY RELEASE, DISTRIBUTION AND SALE OF SMALL FRUIT CULTIVARS AND GERMPLASM BY LAND GRANT UNIVERSITIES IN THE SOUTHERN REGION OF THE U.S.

Abstract

Public funding for land-grant university plant breeding programs has declined to the point that alternative sources of funding have had to be identified in order for these programs to continue. Small fruit breeding programs at land-grant universities in the southern region of the U.S. now derive their support for day to day operations from a number of alternative funding sources including commodity organizations and research foundations. Royalty income generated from sale of plants of patented cultivars has also become a significant source of support for essentially all land grant programs. In addition, cooperative agreements and contracts with partners in private industry play a prominent role in support for several programs, and these will likely increase significantly in the near future. At present, U.S. plant patents are generally applied for upon the release of cultivars from small fruit breeding programs at land grant universities in the southern region, with some move toward trademarking. Releases are generally nonexclusive within the region, and either exclusive or nonexclusive outside the region. The use of germplasm from other breeding programs usually carries with it the expectation of mutual exchange and use of germplasm and/or sharing of royalty income from cultivars derived from such germplasm.