88 



under the Plant Variety Protection Act because they are not 

 sexually reproduced, and are specifically excluded from the Plant 

 Patent Act. 



This denial of ownership rights for the developer of a new potato 

 variety must be questioned. The Plant Patent Act was passed in 

 1939 and fulfilled its objective of encouraging the development of 

 new varieties of ornament plants and other nursery stock. In 

 1939, no rights existed for the private ownership of a plant variety 

 that was a source of food. However, by 1970, recognition of 

 breeder's rights in food crops was acknowledged and the United 

 States became a signatory to the International Convention for the 

 Protection of New Varieties of Plants (UPOV). Our participation in 

 the UPOV Treaty resulted in the Plant Variety Protection Act that 

 is the subject of today's hearing and which now provides breeder's 



