Abstract
The rulings that utility patents can be granted for plant varieties has had a profound effect on the research agendas of seed companies. Although there is confusion on utility patents, most major seed companies are concerned about how they will affect their competitive position. Strategic alliances are common; these may involve a seed company (germplasm resources) and a biotechnology company (gene constructs). Licensing agreements are frequently used to access new technologies and genes. Material transfer agreements are being used to access genes for proof of concept studies. Commercial agreements have thus far been elusive. Seed companies strongly favor revision of the Plant Variety Protection Act to conform to the 1991 International Union for the Protection of New Varieties of Plants (UPOV) Convention.
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