Protecting Intellectual Property

Managers Of New Washington State University-Bred Apple Variety Use High-Tech Software To Protect Intellectual Property Rights.

PVM isn’t requiring anyone to bar code Cosmic Crisp trees either, but there is a unique code assigned to each grower contract.

The company already uses a computer software program, called Hertha and developed more than a decade ago, to evaluate new varieties that are not yet commercialized.

The program tracks everyone involved in that variety globally, such as breeders and managers, trademarks and patents, and includes the latest evaluations of the trees and resulting fruit.

PVM has since launched a new program called Idyia, to track the sale of trees and production from trees around the world and royalties once a variety has been commercialized.

Nurseries, growers, packers and marketers involved with Cosmic Crisp will have access to parts of the system that apply to them, as well as to industrywide reports on production.

“The goal is to make PVM as beneficial to the industry as possible by giving them as much information as possible, without compromising anyone’s confidential information,” Brandt said.

In May, René Nicolaï fruit tree nursery in Sint-Truiden, Belgium, planted the first Cosmic Crisp trees internationally as stock trees that will be used for eventual planting in Tyrol, Italy, by two fruit companies there that have been licensed to grow and sell WA 38.

Breeders have six years from the first commercial sale offering of a new variety to apply for plant breeder’s rights under international trees.

In the case of Cosmic Crisp, that clock started in June 2014, when the university held a drawing among Washington growers to decide who would get the first limited wood for 2017 plantings. The first trees were planted earlier this year.

Florent Geerdens, the René Nicolaï owner whose nursery is also an AIGN member, said the system allows for a unique “double control” to keep everyone honest.

“All the people involved in the concept must be trustful partners. We are our own police,” he said. “If my colleague is producing Cosmic without a license, I have to say you can’t do it. And if the partners we’re working with are not trustful, the system doesn’t work.”

The new technologies, both in cultivar development and in streamlining and sharing information across stakeholders, make for an exciting time in the tree fruit industry, Brandt said.

“The changes and the acceptance of IP by the industry as a whole, and new abilities through social media, computers, all of those things are coming together to make a unique opportunity and a unique environment for this to really explode,” he said.

Article by Shannon Dininny, Good Fruit Grower