James Prusa, director, golf courses and laboratory, and a monthly contributor to Asian Golf Business magazine, has addressed the growing concern of piracy numerous times and has stated that pirating of im- proved grass varieties can include: • The actual theft of an improved, patented grass,

• The selling of a phony substitute or contaminated grass as an improved, patented grass,

• And damage to the reputation caused by turfgrass quality failures of the phony grasses sold under the improved grasses names.

Pirating is nothing new, as far back as 1987 in an article published in Florida Green, then a publication of the Florida Golf Course Superinten- dents Association (FGCSA), titled “A New Weapon Against Turfgrass Seed Pirates” stated, “On the turf- grass market there has recently been widespread ‘pirating’ of patented seed varieties. Such illegal practices take the form of seed marketed in plain bags with the ‘claimed’ variety name simply stenciled on the front as opposed to the ‘designer’ bag used to package and market legitimate turfgrass seed.”

The concern then and now is that piracy not only threatens seed marketers who stand to lose their patent rights, but research universi- ties and entrepreneurial companies who lose their earned royalties, and by the turfgrass professionals who lose the integrity of the seed they have purchased.

The USDA has stated, “Plant breed- ing and selection for genes that can regulate important turfgrass traits, including reproductive processes and resistance to pests and environmental stresses, are needed to improve sustain- ability of the turfgrass industry. This includes turfgrass used for landscaping and for seed production systems that provide genetic resources for turfgrass.”

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The commitment and challenge of developing unique turfgrass variet- ies was touched upon by Dr. Den- nis Martin, turfgrass extension/ research specialist at Oklahoma State University (OSU), in an article titled, “Plant Patents and the Turfgrass Producer” (See Turf News Nov/Dec 2014—pages 77-78).

Martin wrote, “Turf producers may be growing, or considering signing up for licenses to produce propri- etary varieties that offer improved performance and profitability over older varieties. Nearly all improved vegetatively propagated (sod, sprigs, plugs) turfgrass varieties commer- cialized today and most released over the last three decades are or were covered by some type of proprietary protection. Proprietary protection means that a person or entity has legal ownership of rights associated with producing, using, or selling the variety.

“As there is considerable expense in developing varieties, and often great uncertainty of return on investment, proprietary protection allows developers suitable time to use the new invention before it goes into the public domain which al- lows anyone to produce the variety. Investment in modern breeding pro- grams in both private industry and universities continues to lead to an exciting pipeline of development of proprietary varieties from which growers can choose to be licensed for production.”

Atlas Turf International Limited, one of the world’s leading distribu- tors of warm-season, licensed and certified turfgrasses, has long promoted the importance of buying from reputable suppliers of licensed and certified grasses. Although their message is primarily intended for golf course owners, developers and superintendents, their message applies universally.

Don’t Be the Victim of Turfgrass Pirates

—Get the REAL Thing “Licensed and certified turfgrasses offer golf course owners, developers, and architects the very best in turf- grass technology. Research, quality control, and stringent inspections are all part of the licensing and certi- fication process, ensuring the highest quality products available.

“Turfgrass pirates undermine this process by either stealing certified cultivars or passing off inferior grasses as branded varieties. Don’t fall victim to these crimes. The consequences are great, ranging from contaminated grasses, introduction of disease to the project, ongoing and escalating maintenance problems, and damage to the reputation of the project and the parties involved.

“Furthermore, when pirates steal turfgrasses, the development of new cultivars is threatened. The normal flow of royalties from sales back to patent holders is used to fund research for even better grasses in the future. Piracy puts this process in serious jeopardy.”

Addressing the Issue

—PIRACY For obvious reasons, developers and licensors of licensed and certified grasses are hesitant to talk spe- cifically about the action they take when their intellectual property is pirated. One source told us that they have pursued cases of infringement and filed lawsuits. Wagner reports that Sod Solutions has successfully enforced its patents and trademarks on several occasions though diligence and follow-up on reported suspicious activity. But he points out that it takes time and perseverance to prop- erly investigate a potential infrac- tion on a proprietary grass. “While pursuing a potential issue, care must

TPI TURF NEWS • JANUARY/FEBRUARY 2016