Sowing the Seeds of Protection
25 Pages Posted: 7 Oct 2014
Date Written: October 6, 2014
Seeds are chattel. As such, seeds are protectable by the same tapestry of public and private ordering as other forms of chattel. However, the distinguishing characteristic of seeds, their method of propagation, and the history of seeds — traditionally viewed as a public good rather than chattel — distort that tapestry. The model of seed distribution thus needs to be reframed in light of the often disparate interests of innovators, producers, and consumers. As with all chattel, there is no single, correct model for distributing seeds, but law and contract may be woven together to strike a balance.
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