The following policy of the Mississippi Agricultural and Forestry Experiment Station (MAFES) establishes a uniform procedure for the release of plant materials consistent with the Experiment Station Committee on Organization and Policy (ESCOP) of the National Association of State Universities and Land Grant Colleges, the Plant Variety Protection Act (PL91-577) and the Federal Seed Act as amended (Title V). The objective of this release policy is to facilitate orderly and equitable release of plant material whether by seed or vegetative propagation. Improved plant material must be rapidly and widely used if the breeding effort of MAFES is to have its greatest impact on Mississippi agriculture. The release of any plant material imposes the obligation of providing reliable information regarding the value of the material and its potential use, and at the same time safeguarding the agricultural producers and industry and consumers of the state.

This release procedure does not restrict the exchange of material among public and private agencies, as long as MAFES retains the rights to the release of any plant materials developed solely by MAFES personnel. MAFES rights concerning plant materials, potentially suitable for variety release without further improvement, shall be maintained by the development of a Material Transfer Agreement between the MAFES Director and the participating agency or agencies. Additionally, this policy is not intended to restrict regional testing programs since it is assumed that cooperating agencies will safeguard plant materials in regional tests.

All plant material suitable for commercial production and meeting ESCOP requirements will be termed "varieties". Inbred lines to be used directly in commercial hybrid production shall be treated as varieties. If plant material possesses characteristics of special breeding value and it is in the public interest to release the material for use in commercial breeding programs, but not as a commercial variety, such material may be released as "germplasm". Germplasm may be released to the public at any time during its development, but only through the procedures described in this policy statement. Release of germplasm, as well as varieties, must be reviewed and approved by the Director of MAFES. If plant material possesses characteristics, cytoplasm, or gene mutations that are of scientific interest but does not appear to have current commercial application, this material will be designated "genetic stock" and may be freely exchanged without approval of the MAFES Director.

Policies and procedures in effect will include the following:

a. All research will be conducted in an as open environment as possible, consistent with maximum producer and public benefits. Published results of research are to be made available to all.

b. Free and open exchange of information about germplasm for genetic and breeding research is to be maintained within MAFES and with other institutions and agencies having similar cooperative policies. All public and private plant breeders and breeding organizations that have an interest in specific crop germplasm releases will be notified in a timely and consistent manner by the originating plant breeder immediately following the approval of release and the release statement by the Director. The originating breeder will immediately file a copy of the relevant distribution list (names and addresses) with the Office of Director.

c. The station will follow a flexible policy when applying for a Protection Certificate, under the Plant Variety Protection Act, specifying when an approved variety is to be sold only as certified seed, and retaining or waiving exclusive rights. Selection of an alternative or combination of alternatives under the Act will be made according to the specific situation. Alternatives are listed and described in Section 2 of this document. Fees required for processing approved applications for PVC certificates will be paid by the Director's office.

d. The common and general procedure shall be for the originating plant breeder in cooperation with MAFES Foundation Seed Stocks to prepare an application for a Plant Variety Protection Certificate for submission by the Director to the USDA Plant Variety Protection Office. The applicant will be MAFES.

e. MAFES will take action to forestall and prevent any individual or organization, other than a designated agent of the station, from obtaining a Plant Variety Protection Certificate on a breeding line or variety developed and released by the Station. These actions will include "U.S. Plant Variety Protection Certificate Applied For" or "Unauthorized Propagation Prohibited (Unauthorized Seed Production Prohibited)-Application Contemplated for U.S. Plant Variety Protection Certificate" or "For Testing or Increase Only-Application for Plant Variety Protection Certificate Contemplated" or similar notices on tags or labels of lots of Breeder Seed and Foundation Seed.

f. In certain cases royalties or research enhancement assessment fees may be desirable or essential to expedite the development and increase of a new variety. Any such royalties or fees shall be received, handled and accounted for by MAFES or its designated agent. Any royalty or fee income funds will be applied to improvement of the programs of the station. High priority will be given to enhancement of the program of the originating plant breeder.

g. Varieties released by the station should generally and ideally be specified to be sold as a class of certified seed, under the Federal Seed Act and the rules and regulations of the Mississippi Seed Improvement Association. Certification is a prime mechanism for insuring that seed meets genetic identity and purity and quality standards, thereby aiding in protecting the producers and the reputations of the station, plant breeders, cooperating seed producers and distributors. Violation of the Federal Seed Act is a criminal and not a civil matter with respect to possible court action and penalties.

h. There may be cases in which the public interest is better served by not specifying that the new variety must be sold as a class of certified seed. In such cases, special agreements may be sought by MAFES with firms or individuals.

i. All seed producers, conditioners and dealers will be provided equal opportunity for participation in increase, conditioning, distribution, and sale of varieties developed and released solely by the station, unless it appears that the public interest will be better served by limiting such actions and rights.

j. Exclusive but temporary increase rights may in certain cases be granted to one or more seed producers, when it appears that the public interest will best be served by this method of encouraging increase, promotion, distribution and use of a variety. When such an arrangement is adopted, the temporary exclusive rights will be awarded to that firm or person appearing to have the best facilities for the promotion and increase, after open competition for and public discussion of such proposed exclusive arrangement.

Return to Contents

2. Alternative Procedures for Release by MAFES Under the Plant Variety Protection Act - Public Law 91-577 as Amended 1994

The Director of MAFES will select one or more of the following alternatives with respect to protection of each release and for increase of its seed, drawing upon recommendations of the technical committees, and the station's Plant Materials Release Committee, and the Foundation Seed Advisory Committee. Alternatives and procedures for joint release will be mutually agreed upon with any cooperating agencies.

a. Registration - without Protection Certificate

Registration of the variety or other release will be made with the Plant Variety Protection Office, with such registration to be published in the Journal of that office. Application would not be made for a Plant Variety Protection Certificate (PVPC). This procedure provides some protection by establishing release as a "public variety" and thus tending (but not absolutely) to exclude others from obtaining a PVPC as a novel variety.

Furthermore, MAFES can also submit new varieties for registration by The Crop Science Society of America (Field Crops) or for listing by The American Society of Horticultural Sciences (Horticultural Crops), in accordance with Section 7 of the ESCOP-USDA "Statement of Responsibilities and Policies Relating to Seeds of Publicly Developed Varieties and Other Propagation Materials". These registrations or listings will be sought irrespective of the release procedure chosen among the five alternatives.

b. Certification Required - Rights Retained

A PVPC is obtained and it is specified that the seed must be sold as a class of certified seed. Exclusive rights are maintained for production, sale and distribution of the seed - these rights to be either retained by the station or assigned to an agent or by contract to one or more licensees.

c. Certification Required - Rights Waived

A PVPC is obtained and it is specified that the seed must be sold as a class of certified seed. The station declares the release to be a "public variety", with waiver of exclusive rights.

d. Certification Not Required - Rights Retained

A PVPC is obtained but it is not specified that the seed of the variety must be sold as a class of certified seed. Exclusive rights for production, sale and distribution of the seed will be either maintained by the station or assigned to an agent, or by contract to one or more licensees.

e. Certification Not Required - Rights Waived

A PVPC is obtained but it is not specified that the seed of the variety must be sold as a class of certified seed. The variety is declared to be "public", waiving rights to exclude others from production, sale and distribution of the seed.

Return to Contents

3. Mechanisms for Implementing the Policies and Procedures

a. Following selection of the procedure for release (Section 2), the Director of MAFES or his designated agent will act in behalf of the station in obtaining registration or a Plant Variety Protection Certificate. The Director or his designated agent will also handle and account for any royalty, license, or research enhancement assessment fees that may be levied under alternatives b or d (Section 2).

b. Recommendations will be sought from technical committees, the heads of departments involved and the Plant Materials Release Committee relative to election of one of the five release alternatives presented in Section 2. In the case of release cooperative with USDA-ARS, the recommendations and concurrence of that agency will be sought. Likewise, in the case of regional or multi-state cooperative breeding programs, recommendations and concurrence of the cooperating states will be sought in selection of an appropriate alternative.

Return to Contents

4. Responsibilities - Foundation Seed and Seed Certification

Releases of new plant varieties developed by MAFES usually move through the following steps:

Class of Seed
Breeder Seed
*
Foundation Seed
*
Registered Seed
and
Certified Seed
Producer
Plant Breeder
*
Foundation Seed Stocks
*
Certified Seed Growers
and/or Seedsmen
*
Farmers (production)
Affiliation
MAFES
*
MAFES Foundation Seed Stocks
*
Mississippi Seed
Improvement Association
*
Commercial Agribusiness

When a variety is released or nears release, Breeder Seed is furnished by the breeder to the MAFES Foundation Seed Stocks, under terms of a Material Transfer Agreement. MAFES designates Foundation Seed Stocks to produce and distribute Foundation Seed of new varieties. The station retains title and control of the seed increased by Foundation Seed Stocks until it is formally released.

The official seed certifying agency in Mississippi is the Mississippi Seed Improvement Association, operating under the rules, regulations, and standards approved by the State Seed Board, as established under Senate Bill No. 274, Regular Session, 1952:

"An act to create an official State Seed Certifying Agency for the State of Mississippi for the purpose of certifying seeds, plants, and plant parts offered for sale as propagating certified seed stocks to insure the quality, integrity and purity thereof: To authorize the President of Mississippi State College, the Director of the Agricultural Experiment Station of Mississippi State College and the Commissioner of Agriculture of Mississippi, to designate a Seed Improvement Association as the State Seed Certifying Agency: To create a State Seed Board empowered and directed to approve rules and standards promulgated by the State Seed Certifying Agency."

Return to Contents

5. Plant Materials Release Committee:

Improved varieties and germplasm shall be eligible for release only if it has been recommended as meriting release by a Plant Materials Release Committee, hereafter referred to as the Committee. This Committee is appointed by and advisory to the Director of MAFES with membership representative of the various plant breeding programs within the MAFES System. Mississippi Cooperative Extension Service crop commodity specialists will serve as ex officio members of the Committee when experimental lines of crops of their particular specialty are proposed for release as germplasm or as varieties. The MAFES Statistician (or duly selected representative) and the Manager of Foundation Seed Stocks (MAFES) will be continuing members of the Committee.

Return to Contents

6. Request for Review:

The originator or developer of new plant material must apply to the Director for the release. The Director will refer this request to the Plant Materials Release Committee for its recommendation. The originating plant breeder will make a formal presentation to the Committee to discuss justification of proposed release of a new cultivar. In the case of a release of a germplasm, the originating plant breeder should be available to meet with the Committee to discuss justification of the proposed release if requested. The request must provide supportive information for use by the Director and Committee as follows:

a. A statement concerning the origin of the plant material and the breeding and selection procedures used in its development.

b. A detailed description of the morphological, physiological, cytological, methods of propagation, and other characteristics that may distinguish the subject plant material from other varieties.

c. Evidence of performance must include data obtained by approved experimental and statistical procedures with appropriate interpretations by the originating plant breeder. The performance of cotton, soybean, rice, corn, or small grain plant material proposed to be released as a commercial variety should be evaluated in replicated experiments over a period of 3 years at a minimum of 2 locations within the state or region of adaptation. Other crops proposed to be released as a commercial variety should be evaluated in replicated experiments at a minimum of 6 environments (i.e. location-year combinations) to include a minimum of 2 locations in 2 years. Use of the MAFES statewide variety trials is encouraged where appropriate. Summary tables of means or other pertinent responses should be shown for each year at each location as well as an overall summary table of mean performance over all environments. Summary statistics for each set of data should include, (1) the general mean, (2) the least significant differences (LSD) or the standard error of the mean (SEM) when range tests are employed, and (3) the coefficient of variation in percent, calculated to not more than 1 decimal place (C.V. %). The coefficient of determination (R²) should also be presented, if available. Performance data for a varietal release will include the following:

1. Yielding ability in comparison with one or more varieties of current economic importance.

2. Pest resistance where appropriate. Statements such as "moderately resistant", and "showing some tolerance" etc. should be avoided.

3. Crop quality including such factors as oil, protein, sugar, fiber properties, tenderness, palatability, sedimentation, specific gravity, longevity, etc., where appropriate.

4. Seed characteristics (tolerance to mechanical injury, seedling emergence, storage life, and resistance to environmental stresses, etc.).

5. A statement on the suggested uses of the new plant material, specifically the plant material or varieties it is to replace and the soils or cropping systems for which it is best adapted. Performance information for plant material proposed for release as germplasm should include a description of the useful traits and experimental documentation of its value in breeding new varieties.

Return to Contents

7. Justification for Release of New Plant Material:

A new variety, germplasm line, or population should not be released unless it is distinctly superior to existing varieties or plant materials in one or more characteristics important for the crop, or can be utilized in crop improvement. A new variety must be satisfactory in other major crop production and quality characteristics. A major single production hazard which a new variety may overcome or tolerate, such as resistance to a highly destructive disease, may become the overriding factor in the decision to release a variety or germplasm. A variety with a very limited range in adaptation should not be released unless performance in that limited range is distinctly superior, or the variety possesses important use values not otherwise available. In the interest of maintaining genetic diversity in a given crop species, a new variety may be released which is agronomically similar to existing varieties, if it can be shown that the proposed variety is of substantially different genetic background.

Plant material may be released to the public when its value definitely has been established through appropriate evaluations for use in a hybrid, a variety, or in a breeding program. Its suitability for commercial production must have been determined by experiments statistically designed to accurately compare performance of the plant material with currently grown commercial material of the same type for not less than three years at a minimum of two locations (environments) under protection and environmental conditions which reasonably could be expected to allow the expression of the genetic worth of the material.

If the experimental material is proposed for release as germplasm, it must possess at least one inherited trait that can be utilized by plant breeders in crosses to develop superior varieties. Experimental evidence must be provided that the experimental line possesses the desired trait that justifies the proposed release of the plant material. Evidence for the trait must be documented and the originating breeder should describe how to utilize the trait in a breeding program.

Return to Contents

8. Naming and Registering Plant Material:

A new variety should be given a permanent designation at the time it is released. When this designation is a name, the name should preferably consist of one word.

The International Code of Nomenclature for Cultivated Plants and ESCOP Policy provides guides for the naming of varieties and other plant materials. It is recommended that this source be consulted with respect to new variety names.

Under no circumstances should a variety be distributed under more than one name, nor should the same name be used more than once in a given crop. Once established, a legitimate varietal name should not be changed. Names which are misleading or which are identical or similar to brand names or trademarks associated with agricultural products should be avoided, as there may be an implied association of the variety and trade names or trademarks. To avoid conflicts in proposed names, appropriate Federal and state organizations' variety registers should be referenced in order to avoid conflicts in name.

Return to Contents

9. Foundation Seed Advisory Committee:

Upon approval of the release of a variety, the Foundation Seed Advisory Committee is requested to review pertinent documents and information, assess public opinion through a hearing or other appropriate means and recommend to the director (1) whether or not the variety should be protected under the plant variety protection act, and (2) whether exclusive release is warranted.

The Foundation Seed Advisory Committee shall include representatives from appropriate agricultural organizations. Representatives to the Foundation Seed Advisory Committee shall be appointed on a case-by-case basis by the Director of MAFES.

If exclusive release is recommended, a letter of intent to release a variety on exclusive basis along with an invitation for proposals is sent to commercial seed and organizations in Mississippi and/or other parts of the region or nation that show interest in the particular crop.

When proposals have been received, they are evaluated independently by the Foundation Seed Advisory Committee using a standard evaluation form (attachment A). Results of the evaluations are sent to the director for a decision.

After a company is chosen for handling the exclusive release, a contract is initiated for a period of five (5) years with potential for renewal.

Return to Contents

10. Maintaining Breeder Seed and Vegetatively Propagated Stocks:

When it becomes evident that a new variety or germplasm is sufficiently promising for release, and upon recommendation by the Foundation Seed Advisory Committee and approval by the Director, Breeder seed or vegetatively propagated stocks should be increased to the volume needed to produce and maintain the required amount of seed or plants for direct distribution or through the Foundation Seed Program. A reasonable reserve of Breeder seed or vegetatively propagated plants will be maintained as long as there is a recognized need, which will be used to replenish and restore foundation stocks of the variety to desired genetic purity.

The breeder who originates a variety will be responsible to MAFES for the maintenance of Breeder seed or vegetatively propagated plants as long as he or she remains on the staff, or until specifically released from said responsibility by the Director. Should the services of the original plant breeder become unavailable for any reason while there is still a need for Breeder seed or vegetative stocks, the MAFES Director will assign responsibility for maintenance of Breeder seed to another member of the staff.

A sample of Breeder seed of all newly-released varieties and germplasms shall be supplied to the National Seed Storage Laboratory, Fort Collins, Colorado. If appropriate vegetative repositories are available, stock will be supplied to the appropriate repository.

Return to Contents

11. Production and Distribution of Foundation Seed Stocks:

The effective release and full utilization of improved crop varieties developed by MAFES and/or its cooperators, or released under its sponsorship, require that an adequate supply of seed or vegetative stocks be continually available to producers. MAFES considers that maintenance and supply of seed or vegetative stocks of varieties developed under its sponsorship are an extension of crop improvement and development research and thus its proper function and responsibility.

MAFES will further provide the maintenance of an adequate supply of foundation stocks of all plant varieties originated and released under its jurisdiction and/or sponsorship for which there is demand. In addition, MAFES will undertake to maintain, as far as practicable, an adequate supply of foundation stock of other varieties important to Mississippi agriculture or to the national interest but for which there is no dependable supply of basic seed or vegetative stocks for multiplication.

To fulfill its responsibility for foundation seed or vegetative stocks supply to producers, MAFES will maintain a Foundation Seed Program within its organization. The program will be under the administrative supervision of the Director, supervised by a qualified MAFES employee (Manager) appointed by the Director, and headquartered at the Central Station.

The Foundation Seed Program will manage production and allocation of foundation seed or vegetative stocks of all plant varieties, strains, and/or hybrids released under its sponsorship, without regard to kind or crop, or method of reproduction.

The Director will appoint a Foundation Seed Advisory Committee to advise on policy and operations of the Foundation Seed Program.

Foundation seed or vegetative stocks produced by the station and available for general release will be:

a. Produced, conditioned and allocated under regulations pertaining to Foundation Class as established by the Mississippi Seed Improvement Association and/or the Association of Official Seed Certifying Agencies.

b. Foundation stocks shall be equitably allotted and sold to Mississippi certified seed or vegetative plant producers at a price established by the Station. After the requirements of Mississippi certified seed or vegetative plant producers have been satisfied, foundation seed or plants may be sold to other producers in Mississippi or other states. However, in the case of newly released varieties, a limited quantity (approximately 10%) of the initial increase of foundation seed or plants may be immediately allotted to certified seed or vegetative plant producers in other states where the variety is adapted.

Return to Contents

12. Notice of Variety Release:

a. MAFES Release:

At the time of release of any plant material, an appropriate announcement will be made by the Director and will include a description of the material being released. The announcement will be public knowledge and will be made available to all persons having reasonable interest in securing some of the released material. A variety should not be publicized until a reasonable amount of commercial class seed or vegetative plants are available to producers. The MAFES Director shall approve the terms of the release. The Chairman of the Plant Materials Release Committee shall maintain a permanent record of all released plant material. The physical distribution of released plant material will be supervised by MAFES Foundation Seed Stocks. In no case may plant material be distributed for commercial production prior to its approved release date or distributed informally in any way other than according to the procedures described in this policy statement.

All unreleased plant materials with recognized potential for commercial production which are tested or increased by a nonpublic agency or individual must remain the property of MAFES and a Material Transfer Agreement between the grower and MAFES must be executed to attest to this fact.

b. Joint Release with Federal Agencies:

Where USDA project cooperation is involved directly in the development of the variety, the release of information is to be through a joint agreement with MAFES and USDA.

c. Joint Release by Cooperating States:

Other states interested in cooperative release of a Mississippi variety may be offered seed or vegetative stock the same year that MAFES Foundation Seed Stocks makes its final increase. These cooperating states can then release seed or plants to Certified Growers the same year as it is released in Mississippi.

d. Exclusive Release:

A variety may be released on an exclusive basis through organizations having orderly and adequate production and marketing facilities and procedures. These may be an organization of producers, or one or more commercial seed companies. Under this plan there shall be a Material Transfer Agreement or contract between Mississippi State University and the organization setting forth conditions of the exclusive release. All contracts will be developed and approved by the University Legal Counsel and the Contracts and Procurement Officer of the University. The variety will be released for a specified number of years, subject to renewal. MAFES will maintain control of parental clones, lines, or other propagation materials.

Return to Contents

13. Transgenic Materials

With the increasing importance of biotechnology and genetic engineering, it is very likely that in the future plant breeding efforts by MAFES scientists may utilize transgenic materials. This may involve the licensing and marketing of gene constructs developed and patented by MAFES scientists or the utilization of gene constructs licensed from other agencies or commercial interests. In order to utilize this technology, MAFES may have to enter into legally binding agreements with cooperators which are at variance with the stated release policy for traditionally-bred plant materials.

In the case of transgenic materials, an advisory committee shall be appointed by the Director of MAFES to make recommendations regarding the nature, feasibility, and desirability of such agreement(s). Appointment to the advisory committee shall be on a case-by-case basis.

Because biotechnology is a relatively new and rapidly changing industry with respect to technology, legal aspects of ownership of materials, and the number and identity of the participants, it is imperative the MAFES maintain a flexible policy regarding the development, release, and marketing of transgenic materials if it is to stay competitive in this arena. This will entail frequent reviews of MAFES policy on transgenic materials.

Any agreement, beyond the Material Transfer Agreement would have to go through the Foundation Seed Advisory Committee.

Return to Contents

Attachment A

BIOLOGICAL MATERIAL TRANSFER AGREEMENT FOR TESTING AND EVALUATION OF

_________________ BREEDING LINES

This agreement is made by and between the Mississippi Agricultural and Forestry Experiment Station (MAFES), a component of Mississippi State University (MSU), and ______________________________ (COMPANY/INSTITUTION), a U. S.-based seed production COMPANY/INSTITUTION engaged in __________ breeding and/or genetic engineering. Unless terminated sooner at the request of COMPANY/INSTITUTION or MAFES, the Agreement shall be valid for a period of one (1) year from the date of the last signature to the agreement after which time the agreement may be revised and/or renewed. Either party may terminate this agreement upon thirty (30) days' written notice to the other party.

In order for MAFES to supply COMPANY/INSTITUTION with ____________ breeding lines so that COMPANY/INSTITUTION may evaluate and determine the value or potential value of the breeding lines for future commercial purposes, and initiate a program to incorporate COMPANY/INSTITUTION's proprietary genes in the breeding lines for possible future commercialization jointly by COMPANY/INSTITUTION and MAFES, the parties hereby agree to the following terms and conditions.

Subject to its occasional inspection [not more than four (4) inspections of the _____________ lines] of COMPANY/INSTITUTION's program of research and evaluation of such lines, MAFES, hereby temporarily transfers to COMPANY/INSTITUTION, for research and evaluation purposes only, any or all of the following experimental _______________ lines which shall be collectively referred to as the LINES: (LIST LINES)

COMPANY/INSTITUTION acknowledges that LINES, subsequent generation thereof, hybrids, off-type or sport variants thereof, or any seed from LINES are sole and exclusive property of MAFES, a component of MSU. Any pure seed, or essentially derived germplasm ("Essentially derived" will, in the context of this agreement, be understood to be progeny of LINES having a coefficient of parentage exceeding 0.75. A coefficient of parentage of 0.75 is reached by crossing once to any individual LINES and then crossing the resulting progeny once more to the same LINE. Selections within a LINE are also understood to be essentially derived from that LINE.), produced by or from LINES for planting purposes will be returned to MAFES or destroyed prior to the termination of this agreement. All other seed of LINES or germplasm essentially derived from LINES will be destroyed. Accordingly, any use of the LINES or germplasm essentially derived from LINES, in or for commercial seed expansion, shall require a separate commercial license agreement between MSU and COMPANY/INSTITUTION. Notwithstanding, it is the understanding of both parties that MSU is not restricted during the term of this Agreement from releasing or licensing LINES to any other third party.

COMPANY/INSTITUTION acknowledges that no samples of the LINES are to be given or made available to any person, firm, corporation, or other third party and are to remain under the immediate and direct control of _________________ (named COMPANY/INSTITUTION individual). COMPANY/INSTITUTION agrees to refer to MAFES any request for the LINES from anyone other than those persons working for COMPANY/INSTITUTION. COMPANY/INSTITUTION agrees to use the LINES in a safe manner and in accordance with all applicable laws and regulations.

It is understood that COMPANY/INSTITUTION will report in writing to MAFES, due one (1) year from the effective date of agreement, on work utilizing the LINES for testing and incorporating COMPANY/INSTITUTION's gene(s) into LINES. COMPANY/INSTITUTION's reports should be directed to : _____________________ The report should include a declaration of commercial value or potential commercial value of LINES in the opinion of COMPANY/INSTITUTION or any other public or private plant breeders invited by COMPANY/INSTITUTION to assist in the evaluation of LINES and preparation of the report. The report will be written on outlines of LINE's pedigree designations provided to COMPANY/INSTITUTION by _____________________________.

COMPANY/INSTITUTION shall at all times during the term of this Agreement and thereafter, indemnify, defend, and hold harmless the Board of Trustees of the State Institutions of Higher Learning of the State of Mississippi, Mississippi State University, the Trustees of the Board of Trustees of State Institutions of Higher Learning for the State of Mississippi, both in their official capacities and their individual capacities, and all officers, employees, agents, and servants of Mississippi State University or the Board of Trustees of State Institutions of Higher Learning for the State of Mississippi, both their individual capacities and in their official capacities, against any claim, proceeding, demand, liability, or expenses (including legal expenses and reasonable attorney's fees) which may be related to injury to persons or property, or against any other claim, proceeding, demand, expense, and liability of any kind whatsoever related to the use of the LINES by the COMPANY/INSTITUTION.

MAFES makes no representations and extends no warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, nor does MAFES assume any obligations with respect to infringement of intellectual property rights or other rights of third parties due to COMPANY/INSTITUTION's activities under this Agreement.

This Agreement shall be governed by and construed under the Constitution and laws of the State of Mississippi.

By executing this Agreement, the undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of COMPANY/INSTITUTION.

IN WITNESS WHEREOF, the parties have caused the Agreement to become effective as of the date last executed below to a signatory of this Agreement.

RECOMMENDED BY:

__________________________________

(Breeder)

__________________________________

(Department Head)

APPROVED BY:

__________________________________

(Director of MAFES)

____________________________________

COMPANY/INSTITUTION Representative

Return to Contents

Attachment B

PROPOSAL EVALUATION FORM

Evaluation Based on Information Requested and Supplied

from Companies Interested in an Exclusive

Seed Production and Distribution Arrangement for

__________________Variety of __________________

Applicant: ____________________________________________________

Criteria: Criteria used for assessing the estimated strength of the applicant (weighted as shown in parenthesis). Evaluation is expressed on a ranked basis from I to 9, with 9 being the strongest positive ranking.

Criteria
Ranking*
(circle one)

1. Company organization, capabilities, production and processing location, specialties, and marketing areas (Ix) IR 1 2 3 4 5 6 7 8 9
Comment:

2. Specific experience in production and distribution/marketing of crop species being offered for release (production areas and arrangements, processing/packaging sites, distribution/marketing channels) (2x) IR 1 2 3 4 5 6 7 8 9
Comment:

3. Distribution/marketing experience, arrangements and linkage in Mississippi and the Southern Region (3x) IR 1 2 3 4 5 6 7 8 9
Comment:

4. System or procedures used to estimate demand for seed (2x) IR 1 2 3 4 5 6 7 8 9
Comment:

5. The general promotional and dealer/customer service activities of the applicant (2x) IR 1 2 3 4 5 6 7 8 9
Comment:

6. Pricing policy, including premium charge for certified seed above price of non-certified seed of the same kind (Ix) IR 1 2 3 4 5 6 7 8 9
Comment:

7. Production, distribution/marketing, and promotional procedures that would be used if exclusive seed production and distribution rights were granted (2x) IR 1 2 3 4 5 6 7 8 9
Comment:

8. Proposed royalties and plan for disbursement to MAFES IR 1 2 3 4 5 6 7 8 9
Comment:

9. Overall evaluation TOTAL SCORE:______________

* Ranked I through 9, with 9 being the strongest possible assessment of strength of the applicant, IR signifies inadequate response and is rated as 0.

General Comments:

______________________

Signature of Evaluator

______________________

Date

This form will be revised by the Director as appropriate.*

Return to Contents

Attachment C

Information Required to be Submitted with Request for

Plant Variety Protection Certificate (PVPC)

The following information is to be filed at the time of submitting this proposal - on separate pages - attached to this form.

The outline is in accordance with Section 52, U.S. Public Law 91-577 - Plant Variety Protection Act as amended 1994 - and with the rules established by the USDA Plant Variety Protection Office (PVPO).

Exhibit A - Origin and Breeding History of the Variety

First, give the genealogy, including public and commercial varieties, lines or clones used, and the breeding method. Second, give the details of subsequent stages of selection and multiplication. Third, indicate the type and frequency of variants that can be identified by visual observation. Fourth, provide evidence on stability.

Exhibit B - Botanical Description of the Variety

First, give any special characteristics of the seed and of the plant as it passes through the seedling stage, flowering stage and the fruiting stage. Second, describe the mature plant and compare it with a similar commercial variety grown under the same conditions, and indicate the differences.

Exhibit C - Objective Description of the Variety (PVPO will provide forms for specific crops)

A supplemental form will be furnished by the PVPO to describe in detail a variety for each kind of seed.

Exhibit D - Data Indicative of Novelty

Provide complete data indicative of novelty. Seed and plant specimens may be submitted and seeds submitted may be sterile. Where possible, include photographs of plant comparisons, chemical tests, etc.

Exhibit E - Statement of Basis of Applicant's Ownership

Indicate whether applicant is the actual breeder, the employer of the breeder, the owner through purchase or inheritance, etc.

Obviously these Exhibits are primarily for sexually reproduced varieties including inbred and breeding lines, eligible for protection under Public Law 91-577.

The same form will be used within MAFES for consideration of release of hybrids and asexually reproduced plants.

Return to Contents

Approval page dated December 17, 1996 with Drs. R. Rodney Foil and Donald W. Zacharias signatures.

Return to:

Mississippi Agricultural and Forestry Experiment Station

Mississippi State University

Division of Agriculture, Forestry and Veterinary Medicine

For information about this page or this site, please contact Patsy Sykes.

Last date modified March 25, 1997.

URL = http://www.mafes.msstate.edu/admin/plntpol.htm

MSU is an equal opportunity institution.

Criteria	Ranking* (circle one)
1. Company organization, capabilities, production and processing location, specialties, and marketing areas (Ix)	IR 1 2 3 4 5 6 7 8 9 Comment:
2. Specific experience in production and distribution/marketing of crop species being offered for release (production areas and arrangements, processing/packaging sites, distribution/marketing channels) (2x)	IR 1 2 3 4 5 6 7 8 9 Comment:
3. Distribution/marketing experience, arrangements and linkage in Mississippi and the Southern Region (3x)	IR 1 2 3 4 5 6 7 8 9 Comment:
4. System or procedures used to estimate demand for seed (2x)	IR 1 2 3 4 5 6 7 8 9 Comment:
5. The general promotional and dealer/customer service activities of the applicant (2x)	IR 1 2 3 4 5 6 7 8 9 Comment:
6. Pricing policy, including premium charge for certified seed above price of non-certified seed of the same kind (Ix)	IR 1 2 3 4 5 6 7 8 9 Comment:
7. Production, distribution/marketing, and promotional procedures that would be used if exclusive seed production and distribution rights were granted (2x)	IR 1 2 3 4 5 6 7 8 9 Comment:
8. Proposed royalties and plan for disbursement to MAFES	IR 1 2 3 4 5 6 7 8 9 Comment:
9. Overall evaluation	TOTAL SCORE:______________

Table of Contents