LEGISLATION
advocate for solutions that balance the need for innovation in agricultural technology and intellectual property protections with the practical, day-to-day requirements of those who feed the world.”
Our goal is to ADVOCATE FOR SOLUTIONS that
balance the need for INNOVATION IN AGRICULTURAL TECHNOLOGY and INTELLECTUAL PROPERTY PROTECTIONS with the practical, day-to-day requirements of those who feed the world.” – Nathan Bowen
In 2023, more than 20 states introduced legislation regarding the right to repair. That May, Governor Jared Polis of Colorado signed the nation’s first agricultural equipment right-to-repair legislation into law on April 25. The law specifically excludes irrigation equipment.
“I am proud to sign this important bipartisan legislation that saves hardworking farmers and ranchers time and money on repairs, and supports Colorado’s thriving agriculture industry,” Polis said in
a statement at the time the bill was signed into law. “This is a common-sense bipartisan bill to help people avoid unnecessary delays from equipment repairs.”
In 2024, there are 21 right-to-repair-related bills introduced in state legislatures from Alaska to West Virginia.
Intellectual property at stake The debate over the right to repair also intersects with the issue of intellectual property. Manufacturers of agricultural equipment argue that allowing unrestricted access to repair information and tools could lead to the infringement of their IP rights. One such example includes John Deere and its engine control unit, which, according to the National Agriculture Law Center, contains intellectual property that the manufacturer does not want made public. This includes proprietary software and technology that they say are integral to the functionality and efficiency of modern farming equipment. The tension between protecting these innovations and supporting farmers’ autonomy highlights the complex relationship between IP rights and the right to repair.
12 Irrigation TODAY | Spring 2024
“In the context of irrigation equipment, where technology plays a crucial role in water efficiency and crop yield, it’s imperative to find a middle ground,” says Bowen. “We are committed to ensuring manufacturers’ intellectual property is protected, while also recognizing the needs of farmers to maintain equipment and keep their operations going.”
Ongoing legal action in the space includes court proceedings in an antitrust lawsuit filed against John Deere by a group of farmers. According to Progressive Farmer, attorneys for a group of more than 17 farmers who sued John Deere in the U.S. District Court for the District of Northern Illinois have asked the company for structured data available on Deere’s EQUIP system.
The case is delayed as Deere pursues information the farmers requested. According to the farmers’ motion, Deere is intentionally delaying the process.
“Deere is attempting to run the clock out on plaintiffs and deny their experts the time needed to discover and analyze critical structured data concerning Deere and authorized dealer pricing for parts and repair services that are critically important to establishing class-wide damages and antitrust liability,” the farmers said in their motion as reported by Progressive Farmer.
State legislative landscapes State legislatures across the United States are grappling with these issues, with varying approaches and policies. Colorado, for example, has been in the spotlight for its legislative efforts to limit the use of turf in landscaping through Senate Bill 24-005, which proposes significant changes in landscaping practices, especially those involving plant installation choice to manage water use.
“At the Irrigation Association, we’re closely monitoring a range of state legislative actions beyond the right-to-repair bills, understanding their potential impact on the agriculture and irrigation industries,” says Bowen. “With gridlock in Washington, it’s becoming even more important to stay informed and engage at the state level. That’s where we are seeing a tremendous amount of legislative activity that could shape water usage, land management practices and the future of sustainable agriculture.”
irrigationtoday.org
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