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The successes of SAESs include cooperation with public agencies as well as private 

 industry in germplasm research. Much of this success can be attributed 

 to: 1) the free exchange of information as well as the free exchange of germplasm; 2) the 

 development of a cooperative infrastructure that allows new germplasm to be acquired, 

 maintained, shared, developed, enhanced and ultimately accepted by science and 

 commerce. Equally important are the contributions of SAES in the instruction, education 

 and training of the next generation of scientists involved in germplasm related activities. A 

 significant number of SAESs' scientists are also involved in research that contributes to 

 plant genome technology. Part of the SAES/university responsibilities are to contribute 

 directly to the training and education of geneticists, plant breeders, biotechnologists and 

 other plant scientists. Many believe this is our primary mission. This human resource 

 pool is accompanied by an improved germplasm pool, new technology, breeding 

 methodology, and sometimes cultivars as products of their mission. 



The ESCOP developed and released plant germplasm guidelines in 1989 2 . They 

 espouse the philosophy that SAESs may protect plant germplasm through any number of 

 mechanisms. Plant Variety Protection certificates, plant patents, utility patents and other 

 forms of protection, including restricted releases and use agreements are presently 

 practiced. It is important to recognize that these are guidelines and not formal policy. 

 Each agricultural experiment station must develop its policy regarding plant germplasm 

 and display it prominently to insure that users understand the state's position. Likewise, 

 each agricultural experiment station should develop a mechanism that allows each new 

 invention to be protected, widely utilized and benefit U.S. agriculture. 



The research exemption authorized under Plant Variety Protection which allows use of 

 protected material in research and plant improvement programs has contributed positively 

 to the exchange of information and germplasm. We support the essentially derived 

 provision of HR 2927 that allows recompense to the initial inventor when a new 

 germplasm development is released that utilizes the initial protected germplasm and is 

 competitive with the initial inventor's property. These guidelines allow for individual 

 agricultural experiment stations to respond to situations unique to their states and still 

 participate in germplasm improvement and exchanges and to contribute to state, national 

 and international food and fiber industries. Our success in developing food and fiber 

 germplasm has been based on the sharing of genetic resources. 



The public, as well as university governing bodies, expect products of tax-dollar 

 supported research to be protected. After all, compensation for research accomplishments 

 is one way to support future endeavors. Until the 1 980s, public universities and 

 agricultural experiment stations usually gave germplasm away. It was available as public 

 domain. Many say this was right, since most germplasm research was funded by state and 

 federal formula dollars. Scientists participated in research and exchanged materials openly 

 [although this is a bit of a myth] and with few, if any, restrictions. 



Today the motivation to protect germplasm has increased. Tighter university budgets 

 and escalating research costs have caused administrators and researchers to think more 



