69 



7 



Eligibility for protection would also be extended to first 

 generation hybrid varieties. This change would provide a certain 

 amount of additional protection for the breeder. 



Provision is made for protected varieties to be sold by 

 variety name only, for as long as they exist, even after the term 

 of protection has expired. Breeders would no longer be able to 

 market seed of a protected variety labeled as "Variety Not 

 Stated". H.R. 2927 also provides for the cancellation of 

 protection if owners do not cooperate in providing an acceptable 

 variety name . 



The list of actions which constitute infringement would be 

 expanded by H.R. 2927, namely, by adding conditioning a protected 

 variety for purposes of propagation, and stocking a variety for 

 any of the purposes which would constitute infringement. These 

 changes would enable owners to take action at a much earlier 

 stage, thereby minimizing the risk of damage to their interests. 

 The provision against conditioning of a variety for planting 

 would not apply to the conditioning of saved seed by farmers for 

 planting on their own holdings. 



Infringement would also be extended to include acts 

 involving harvested material if such material is obtained through 

 unauthorized use of propagating material (seeds) . 



Also, a number of terms and rules of construction would be 

 changed or added, so that the PVPA would utilize the same terms 

 and concepts as used throughout the member States which are party 

 to the Convention. 



