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Caption: Board of Trustees Minutes - 1974
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388 BOARD OF TRUSTEES [October 17 Most varieties of seed-reproduced plants developed at the experiment station are produced as a part of the plant breeding and genetics research program, which, in large part, is conducted in collaboration with similar programs of the Agricultural Research Service of the U.S. Department of Agriculture and other state agricultural experiment stations. These^ collaborative efforts often make breeders', developers', or discoverers' rights indistinct since rights to seek protection may reside with two or more institutions or agencies. Plant variety protection probably would not be sought for many of such cooperatively produced plant varieties; most would be released immediately under procedures established by the Director of the Experiment Station in consultation with collaborating agencies. The Director would maintain a record of all such decisions. However, if, in the public interest, plant variety protection is sought, it will be done jointly. (If one of the institutions or agencies is the United States Department of Agriculture—Agricultural Research Service, the procedure will be subject to its present policy which permits protection to be obtained but prohibits collection of royalties.) For crop varieties resulting from research and testing by University scientists at the Agricultural Experiment Station in which breeders', developers', and discoverers' rights can be clearly established, a protection certificate of a variety may be sought under the Act for the purpose of a. prevention of unethical use of valuable genetic material, or b. assuring the necessary market examination, promotion and development so as to obtain wide distribution in the public interest of seed of a potentially valuable variety to users and growers so as to "insure an adequate supply of fiber, food, or feed in this country." Subsequent protection may then involve licensing on an exclusive or nonexclusive basis and charging of royalties then may be necessary. Accordingly, in the light of the special circumstances indicated above, the Chancellor at the Urbana-Champaign campus has recommended that the Board of Trustees authorize the Director of the Agricultural Experiment Station, acting with the advice of a Plant Variety Review Committee,* to: 1. determine whether or not "protection" of breeders', developers', or discoverers' rights will be sought by the University under Public Law 91-577 (the Plant Variety Protection Act) for new plant varieties discovered at the University of Illinois under circumstances in which the University has rights therein; 2. when appropriate, apply for a plant variety protection certificate in the name of the University of Illinois; and 3. make recommendation to the Chancellor at Urbana concerning the granting of licenses for use of such varieties and the amount of royalty, if any, to be charged. The Chancellor will submit the recommendation, together with his own recommendations, to the President of the University. If he concurs, the President will transmit such recommendations to the Board of Trustees for final action. The issuance of licenses and the collection of royalties will be processed and administered through established University business channels. The Vice President for Planning and Allocation concurs in the recommendation as presented. I recommend approval. O n motion of Mr. Swain, this recommendation was approved. RECOMMENDED LICENSING A N D ROYALTIES RELATING TO REDt-AND RED CLOVER, URBANA (14) The Director of the Agricultural Experiment Station has advised the Chancellor at the Urbana-Champaign campus that in the event that thepolicy for plant variety protection proposed in the preceding agenda item receives Board approval, he will act to apply for a plant variety protection certificate on a red clover variety known as "Redland." The variety was developed by Dr. Carl N. Hittle, Professor of Plant Breeding (Agronomy), To be appointed by the Chancellor or his designee upon recommendation of the Director.
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