Due to its history and limited profit potential to date as a seed crop in the US, barley is primarily a "public sector" crop with development of germplasm and varieties through the USDA Agricultural Research Service and state land grant universities. Seed sales are primarily by certified seed growers in crop improvement associations. The system has worked and barley researchers, growers, and end-users are working together to preserve the national public sector barley research infrastructure. However, in this new era of biotechnology, intellectual property (IP) considerations have moved to the forefront for the barley community. This has contributed to the development of PVP protection policies at all land grant universities with major barley development programs. Of course PVP is not the only consideration. Patented processes and products have become major considerations in the utilization of biotechnology in the development of barley varieties. The barley community is wondering how these patents can be utilized in developing new barley varieties and how will these varieties be delivered to growers, with IP considerations covered? Can barley be maintained as a viable crop with a continued public sector development infrastructure that can effectively interact and collaborate with the biotechnology private sector? The American Malting Barley Association, Inc. (AMBA) has initiated an effort to develop IP agreements with institutions that it is funding. The goal is to encourage release of research results into the public domain, and if IP protection appears warranted, for AMBA to be part of the process that works out patent and licensing outcomes. On a broader basis, components of the barley community are exploring the potential and utility of setting up an independent foundation, under the direction of a parent organization such as the National Barley Improvement Committee, that would protect and license barley research discoveries for the good of barley as a public sector crop.