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there is no research exemption clause, therefore, by default utility patents 

 sequester gennplasm exchange. The inclusion of the potato in the PPA is not the 

 best solution either for potato breeding. It does not provide an adequate level 

 of protection (lacks the "essential derivation" concept), requires lawyers for 

 submission of a claim, and has no research exemption. 



The PAA and NPC support the form of intellectual property rights for plants 

 outlined in the 1991 UPOV Convention. The PAA and NPC also advocate the 

 inclusion of the potato in the PVPA under the revisions required by the 1991 UPOV 

 treaty. This form of protection does not require the use of lawyers to obtain 

 protection, is less costly and affords an adequate level of breeder's rights 

 while explicitly legislating a research exemption for breeding. If potatoes are 

 included in the PVPA the potato breeders then have adequate protection for potato 

 germplasm which is comparable to other UPOV countries which conduct potato 

 breeding. Moreover, we will have a form of protection that puts us on par with 

 biotechnologists means to protect their product, which should promote germplasm 

 exchange between these two groups. 



(Attachments follow:) 



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