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achieving higher yields and increased performance. New and improved varieties come about 

 because of continued commitments to research programs. Finally, new varieties continue to 

 promote a more environmentally sensitive and responsible agriculture by decreasing dependence 

 on fertilizers and other inputs. 



In becoming a full partner in the 1991 UPOV Convention, the United States prepares itself 

 to continue building on a recognized and sustained superiority in agriculture. Most importantly, 

 however, it assures reciprocal plant breeders' rights with other competitors and foreign developers. 

 In rum, farmers continue their right and privilege to save seed for use on their own holdings. 

 This practice is fully endorsed by the ASTA, and is one that every major farm and commodity 

 group has highlighted in resolutions and supportive policy statements. 



In debating the merits of H.R. 2927, it is clear that there are two compelling reasons why 

 the United States should move formally to join the 1991 UPOV Convention. The first is: the 

 newly revised UPOV Convention provides the means for the United States and other signatories 

 to enjoy much needed reciprocity rights. The second is: American agriculture will clearly 

 benefit from a treaty that outlines clear and recognized breeders' rights that result in choice, 

 selection, and quality of improved seed varieties. 



INTRODUCTION OF THE PRINCIPLE OF DEPENDENCE 



One important component of the 1991 UPOV Convention centers on a new term, 

 "essentially derived varieties," or the principle of dependence. A concept unique to the plant 

 breeding community, ASTA views this new and evolving concept as one that will revolutionize 

 the seed industry. 



Currently, Mr. Chairman, the 1970 PVP Act qualifies a variety for protection if it varies 

 in one or more characteristics from an existing variety. This allows a proliferation of new 

 protected varieties which differ from an existing variety by only small differences, such as flower 

 color. These varieties offer nothing extra to a producer, but may result in company riding into 

 the market on the coattails of its competitors. In doing so, one company capitalizes on the 

 research conducted by another company by plagiarizing that company's varieties. 



The 1991 UPOV Convention takes special care in introducing this new concept. ASTA 

 continues its own internal discussions through specific crop committees on the concept, and is 

 working closely with the international seed community to coordinate discussions and to share 

 insight and status. And, while ongoing discussions and debate on defining parameters for 

 essentially derived varieties moves forward, American farmers can rest assured that the industry's 

 commitment of providing new and improved varieties is unyielding and is and will remain apart 

 from the issue of essentially derived. 



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