be taken to not falsely accuse anyone or a particular company. A methodi- cal planned process, persistence, and patience is required to successfully resolve issues. Relationships based on trust are crucial and informa- tion from other growers and related industry experts can help in getting the facts of a particular case,” says Wagner. He adds, “It is highly recom- mended that legal counsel is attained to assist in pursuing a potential infringement.”

Ken Morrow, vice president of The Turfgrass Group, stated, “In today’s changing world, and because of the tremendous ongoing advancements in turfgrass research that are taking place, even if a turfgrass producer is not currently growing a licensed grass, it’s only a matter of time before he or she will be a licensed grower.”

What role can TPI members play in curbing piracy? Morrow’s response, “I believe TPI members are the leaders in our industry and through their ef- forts of fostering a culture of profes- sionalism it not only benefits them, it benefits our industry. If they believe there is an infringement of intel- lectual property I would encourage them to contact the licensor. If piracy is allowed to become common place it will destroy the ongoing effort for advancements in our industry and we will all suffer as a result.”

Dr. Raymer commented, “One way we attempt to deal with piracy is through Plant Certification. At UGA we require that all patented grasses be sold as Certified turfgrasses. This means that the sod farm licensed to produce our patented grass is rou- tinely inspected for offtypes, weeds, etc. If a problem is discovered during inspection, the sod farmer cannot dig grass from that sod field until the problem is corrected. Certification not only provides an extra level of quality assurance, it also provides a verification that the cultivar is “true

to type,” and that it comes from a properly licensed grower. So sniffing out pirates becomes much easier in the case of UGA patented grasses. If the grass sold was not certified ... it was pirated. In contrast, if the grass was certified by the Georgia Crop Improvement Association (GCIA) or by the International Turfgrass Ge- netic Assurance Program (ITGAP), its international counterpart, the buyer can be assured that it is NOT pirated; and is also assured that it is true to type, high quality, and that the grower is properly licensed to distribute that cultivar.

“We also strongly encourage golf course, sports field, and landscape ar- chitects to specify the use of certified turfgrass cultivars. We believe this is one of the most effective ways to protect the integrity and reputation of our cultivars.”

Atlas Turf President John Holmes, who currently serves as the vice president of the Asian Golf Indus- try Federation (AGIF) and leads the international committee of the Golf Course Builders Association of America (GCBAA), states, “The scope of piracy in the international market is difficult to quantify. The level of offense, however, is pro- portionate to the value a particular culture places on intellectual prop- erty—the less respect there is for the ownership rights of innovation, the greater the incidences of piracy.

“Over the twenty plus years that I have worked in the international market, I have seen examples of every kind of turfgrass piracy including actual turf being stolen and illegally resold, as well as inferior grasses being sold under a legitimate brand name and trademark.

“Given the challenges of internation- al litigation, I believe one of the best defenses against piracy is education. When all of the parties involved

TPI TURF NEWS • JANUARY/FEBRUARY 2016

understand the consequences, piracy is revealed as a very poor decision all around. When pirated turfgrasses are used, the quality of the playing sur- face can be greatly diminished, addi- tional pesticides are usually required to combat weeds and off-type grass contaminations, and for athletic fields, there is the definite possibility of an increase in injuries.

“Besides the financial ramifications, the reputations of everyone related to the project are at stake. We have worked diligently with golf course ar- chitects, golf course superintendents, sports field managers, construction companies, owners, and developers to reinforce this truth. Pirated turf- grasses are not only illegal but infe- rior. Working together, the complete team of professionals has the knowl- edge and influence to help end users understand this. A company motto at Atlas Turf is that ‘strong foundations are built on smart choices.’ Utilizing certified and licensed turfgrasses is definitely the smart choice.

“Piracy discourages innovation, and it’s innovation that

not only drives our

industry, it drives all industries.”

— Tobey Wagner, president of Sod Solutions

“TPI members can help fight piracy by remaining vigilant in who they sell to overseas and making sure to follow the protocols set out by the patent holder. If there is any doubt about the legitimacy of a project, it

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