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rights of commercial plant breeders, even if the strength of the protection exceeds 

 socially optimal levels. No market mechanism determines the optimal balance— and 

 this is why it is imperative that the US Congress proceed with careful deliberation in 

 debating the merits of amending the PVPA or ratifying the 1991 UPOV Convention. 



RAFI urges members of Congress to re-examine the Plant Variety 

 Protection Act within a broader context, and to carefully consider the social and 

 economic implications of plant intellectual property rights for farmers, plant 

 breeding and germplasm activities, and future access to and exchange of plant 

 genetic resources, both domestically and internationally. 



A review of the 24-year history of the Plant Variety Protection Act reveals 

 that the Act itself and later amendments were enacted into law without ever 

 experiencing a recorded vote. The intent of Congress in passing the Plant Variety 

 Protection Act was "to promote progress in agriculture in the public interest." As 

 custodians of the public interest, we urge Congress to conduct a comprehensive 

 policy review of all forms of intellectual property rights affecting agriculture, 

 including plants, animals and other life forms. 



Specifically, RAFI recommends: 



• Preserve the fanner's exemption . No action should be taken to eliminate 

 the farmer's right to save proprietary seed for re-planting on his/her own 

 holdings or to sell limited quantities of seed to his/her neighbor. 



• The U.S. should decline to ratify the 1991 UPOV Convention , pending 

 further study and a comprehensive policy review. 



