On March 6, 2023, the United States Department of Agriculture (“USDA”) released a new report: “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seed and other Agricultural Inputs.” This report responded to President Biden’s July 9, 2021, Executive Order, “Promoting Competition in America’s Economy,” that asked the USDA and other federal agencies to analyze competition issues.
Ultimately, the USDA’s stated goal is to improve fair competition in the seed industry, enhance the resiliency of America’s food and agricultural supply chains, and provide economic opportunities in America’s agricultural communities.
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In conclusion, the USDA’s new initiatives aim to help all stakeholders — including plant breeders, farmers, and seed companies — understand and engage with the intellectual property system and the overlapping mechanisms that control how seed varieties and traits are developed, sold, and distributed. Ultimately, the agency hopes these initiatives will help foster more choices and increased innovation across crops and regions.