Practice Areas

Agricultural Genetics

Agricultural Genetics

Protecting seed, tubers, and asexually reproduced plants

Our law firm not only defends our clients’ agricultural rights – we are also at the forefront of efforts to educate the public about the importance of existing seed laws. These laws were created by Congress and state legislatures to ensure the uniformity and high quality of seeds for farmers. As part of a seed certification procedure, extensive scientific testing ensures that seed supplied to America’s farmers is of the highest quality. We are proud of our part in the educational initiative known as “Farmers Yield Initiative.”

This group consists of leading universities, private entities, and public seed certifying agencies that collaborate to promote the importance of our nation’s seed laws to the American farmer. One way Farmers Yield Initiative communicates that information to the public is in its yearly publication, shown here.

Varietals are valuable

You spend significant time, resources, and expertise developing new plant varieties. Your successes are protectable intellectual property. This protection is available to all plant breeders, including universities. Henry Law can help you protect your future royalties on grains, wheat, grasses, peas, and much more.
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PVPA

The Plant Variety Protection Act was first signed into law in 1970, amended in 1994, and again in 2018, and provides a third avenue of intellectual property protection for plant and utility patents. Under the PVPA, breeders can obtain a certificate that allows them exclusive control of their varietals for 20 years (or 25 years for vines and trees). This exclusive control will enable breeders to recoup their investments by licensing the newly developed varieties.
Learn About Varieties

The 2018 Farm Bill

The Agricultural Improvement Act of 2018 (“2018 Farm Bill”) expanded the protections available under the PVPA by adding asexually propagated plants to the existing categories of seeds and tubers.

PVPA benefits U.S. agriculture and farmers

  • Encourages the development of new or improved varieties.
  • Ensures better agronomic varieties for producers.
  • Provides genetically pure varieties to the producer through the use of certified seed.
  • Ensures ongoing variety development by public and private plant breeders.
  • Encourages the development of varieties better suited to the environment, including pest and disease resistance.
  • Grants developers patent-like protection from the sale of protected varieties.
  • Promotes agriculture production.
  • Promotes food security.

Existing Seed Laws

The United States has a patent-like protection system in place to encourage innovation in plant genetics. That law is the Plant Variety Protection Act. Congress also provides that plants can be patented using the United States Patent Office, subject to the usual requirements of novelty and patentability. Other important seed laws vary from state to state governing seed certification procedures and the elimination of noxious and harmful weeds.
Colorado Crop Improvement
Kansas Crop Improvement
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With a proven track record of achieving excellent results in complex cases, Henry Law Firm is ready to go to work for you.

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HENRY LAW FIRM

Otto M. Bartsch

With degrees in philosophy and chemistry, Otto excels in complex litigation and intellectual property cases.

In a recent federal case, Otto used forensic digital analysis of crucial documents to reveal their fraudulent nature, immediately resolving all claims in our client’s favor. Otto led a multi-jurisdictional collection effort of a $3.4 million judgment for Oklahoma Genetics, Inc. The case was on claims of intentional violation of the Plant Variety Protection Act, and a federal judge tripled our client’s damages. Years after the judgment was entered, Henry Law Firm forcibly seized substantial assets, and OGI could re-invest proceeds into future seed varieties and genetics.

Before affiliating with Henry Law Firm and practicing law as Otto M. Bartsch, PLLC, Otto earned his Master of Laws in Intellectual Property & Technology Law. At graduation, Otto ranked highest in his LL.M. class. He also won the Client Counseling Competition and competed in the national semi-finals of the AILPA Giles Rich Moot Court Competition in intellectual property law.

Otto works with clients to establish and protect their trademarks, copyrights, and brand identities. He is also experienced in breaking or enforcing non-competition agreements.

COURT ADMISSIONS

Otto is licensed to practice in Arkansas, Missouri, and Texas and has been admitted to practice in several federal courts, including the Eastern and Western Districts of Arkansas, the Eastern and Western Districts of Missouri, and the United States Court of Appeals for the Eighth Circuit.

HENRY LAW FIRM

Mark Henry

Mark is AV-Preeminent™ rated, a distinction earned through years of consistently outstanding legal work and a reputation for integrity. With decades of experience as a registered patent attorney and an LL.M. in agricultural law, he has developed a deep focus on protecting agricultural seed technology. Mark works closely with universities and multinational companies to navigate complex intellectual property matters and ensure long-term protection of innovation. He has handled more than 100 cases under the Plant Variety Protection Act, bringing a wealth of practical insight to the defense of plant breeders' rights. In addition to his legal practice, Mark has contributed to the field as an educator, teaching agricultural biotechnology law in the LL.M. program at the University of Arkansas School of Law.

Mark prosecutes and defends highly complex civil litigation and high-stakes, bet-the-company disputes involving trade secrets, patents, copyrights, and DMCA claims in federal courts across the country. His cases frequently address cutting-edge issues involving computer code, seed genetics, and architectural works. Licensed in six states and admitted to practice before the United States Patent and Trademark Office, he has served as lead counsel for clients in more than twenty-five states, offering broad strategic perspective and experience.

Mark brought one of the first cases under the Frank Broyles Publicity Rights Act, Ark. Code Ann. § 4-75-1101, helping to shape the early application of Arkansas’s right of publicity law. He successfully represented professional rodeo athlete Cody James in a case involving the unauthorized commercial use of James’s name and likeness. A decorated competitor, Cody has qualified for the Arkansas Rodeo Association Championships 22 times, is a seven-time ARA Champion, and has been named both Overall Rookie of the Year and Tie-down Roping Rookie of the Year by the Professional Rodeo Cowboy Association. Mark’s advocacy in Cody James v. Boot Barn, Inc., No. 4:22-cv-646-KGB (E.D. Ark. 2023), helped affirm the importance of protecting the identity and brand of professional athletes under Arkansas law.

He also serves as both trial and appellate counsel, offering a comprehensive approach to complex litigation. In Associated Electric Cooperative, Inc. v. Southwest Power Pool, Inc., Case No. 23-1293, (8th Cir. 2024), Mark secured a significant trial and appellate victory, successfully defending a $37.64 million claim in an energy dispute involving tariffed energy rates. The Eighth Circuit agreed that SPP had fully compensated AECI for the transactions in question and held that equitable recovery theories are not available when an express contract governs the parties’ relationship.

Mark is also known for taking a principled stand against improper litigation conduct. In Lyon v. The Academy, Inc., 2024 Ark. App. 386, he obtained Rule 11 sanctions against opposing Arkansas counsel Matthew Campbell and Elizabeth Lyon. The Arkansas Court of Appeals affirmed the sanctions, finding that their claims were frivolous, had no chance of success, and were brought solely to harass and drive up litigation costs—highlighting Mark’s commitment to professionalism and the integrity of the legal process.

When disputes arise with Walmart, Mark provides trusted counsel to both large and small vendors. Given that Walmart is headquartered in Northwest Arkansas and most of its contracts require disputes to be litigated in Benton County, Mark’s location in Fayetteville—home to the federal court for Northwest Arkansas—positions him ideally to handle these matters efficiently and effectively.

Mark is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Eighth and Federal Circuits, and several federal district courts, including the Eastern and Western Districts of Arkansas, the District of Nebraska, and the Eastern and Western Districts of Oklahoma. He also represents clients before the Trademark Trial and Appeal Board in trademark matters.

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