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carefully about cost containment and cost recovery. Stronger university-industry 

 relationships and greater dependence on revenues generated via intellectual property 

 rights are being considered as significant sources of support for germplasm research. 

 Cermplasm exchanges are still taking place, but are frequently accompanied by 

 memoranda of understanding or material transfer agreements that place limits or 

 restrictions on the usage of the germplasm. Hopefully, germplasm research programs are 

 not directed with the sole intent of making dollars or generating support via royalty from 

 releases. This is a treadmill that should be avoided. Base support for university 

 germplasm programs should not be solely dependent on revenue derived from intellectual 

 property protection. Remember, the biggest contribution and primary mission of 

 universities is the training of students - human resource development. 



Impacts on Future Research and Development 



In addition to developing policies that assure widespread and rapid use of new 

 technology, public institutions must also assure that protection of intellectual property 

 does not, in any way, impede further research. Scientists in both public and private 

 institutions should be able to use information and research materials, whether protected or 

 not, to further their investigations and to speed the acquisition of new knowledge and to 

 speed new discovery. 



The new molecular technologies, such as RAPDs and RFLPs, that are an important part 

 of plant genome projects are also important tools in plant breeding and related plant 

 germplasm programs. These technologies contribute to the mapping, sequencing and 

 identification of new genes that will contribute to biology and agriculture. This 

 information could serve to increase genetic diversity, reduce genetic vulnerability and 

 broaden the genetic base of important cultivated crops. The advancing molecular 

 technologies also will enhance our abilities to "fingerprint", measure genetic distance and 

 take part in international discussions on the concept of "essentially derived varieties". The 

 contributions to both science and education are paramount. 



On behalf of ESCOP and the ASHS, thank you for the opportunity. One of the 

 recommendations of the 1993 Workshop on Intellectual Property Rights was that the 

 PVPA be revised to conform to the 1 991 revision of UPOV. Additionally, we support the 

 provisions on essentially derived varieties as they provide protection for developers of 

 important basic genetic materials. 



1. Division of Agriculture, Committee on Biotechnology, Emerging Biotechnologies in 

 Agriculture: Issues and Policies - Progress Report VIII, November, 1989. 



2. Seed Policy Subcommittee, Experiment Station Committee on Organization and Policy, 

 Responsibilities and Guidelines Concerning Development, Release and Multiplication of 

 Publicly Developed Cermplasm and Varieties of Seed-Propagated Crops, October, 1989. 



