Commercializing Public Wheat Varieties in Kansas.

In July of 2006, representatives of the Kansas wheat producers, seed producers and Kansas State University (KSU) came together to lay the framework for a new organization.  This new organization’s primary purpose is to commercialize wheat varieties developed by KSU and generate revenue to further wheat variety research to the benefit of KSU, wheat producers, and the seed industry.  The organization is structured to access proprietary traits and protect intellectual property rights.  By November of 2007, Kansas Wheat Alliance (KWA) had been formalized to achieve this goal.

KWA is a non-profit agricultural service organization overseen by a seven member board of directors.  Each of the founding organizations (Kansas State University, Kansas State University Research Foundation (KSURF), Kansas Crop Improvement Association, Kansas Wheat Commission, Kansas Seed Industry Association, and Kansas Association of Wheat Growers) appoints one representative to the Board.  The seventh board member is elected from the KWA membership.

KSU, through KSURF, exclusively licenses wheat varieties to KWA, who in turn sublicenses these varieties to wheat seed producers.  These varieties are protected under Title V of the US Plant Variety Protection Act, requiring seed certification.  Seed production and marketing is controlled by the Master Wheat License Agreement.

In order to protect intellectual property rights, the KWA business plan employs a proactive program of education, investigation, and litigation.  The Farmers Yield Initiate (FYI) is KWA’s primary tool utilized for educating farmers, seed conditioners, and others.  FYI also generates tips on suspected illegal sales of wheat seed that forms the basis of the investigations.

In its first year, 120 individuals joined KWA as members.  KWA sublicensed five wheat varieties to 250 seed producers across six states.  Nine investigations were made into the illegal sale of KWA licensed varieties and five settlements, totaling $230,000, were negotiated for PVP infringements.