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Convention that differ from the 1978 Convention to be 

 considered. The provisions of UPOV pertain only to 

 protected varieties. 



The following are the main modifications in the Convention: 



Extension of the Scope of Breeders' Rights 



The following acts, with some limitations, now require the 

 permission of the breeder. They include: 



1. Production or reproduction 



2. Conditioning for the purpose of propagation 



3. Offering for sale 



4. Selling or other marketing 



5. Exporting 



6. Importing 



7. Stocking for any of the purposes 



Subject to certain limitation, authorization from the 

 breeder must be obtained in respect of harvested material 

 obtained through the unauthorized use of propagating 

 material of the protected variety. Contracting parties may 

 also provide that the breeder's authorization be obtained in 

 respect to products directly obtained from the harvested 

 material. 



Introduction of the Principle of Dependence 



The principle of dependence flows from the term "essentially 

 derived varieties." At the present, the NCCPB defined the 

 term as follows: 



"Varieties which are essentially derived but nonetheless 

 clearly distinguishable from existing protected varieties 

 qualify for legal protection but should only be 

 commercialized with the consent of the owner of the original 

 variety. ■ 



The principle of dependence would not change the criteria 

 for what qualifies a variety for protection, but if the 

 genetic differences did not meet certain standards, it could 

 not be commercialized without permission of the owner of the 

 variety from which it 4 was derived. 



Recognition of the Existence of Farm-Saved Seed 



Although the current PVP Act contains a saved seed 

 provision, the existing UPOV Conventions have no such 

 provision. The new Convention simply states that a 

 contracting party may , within reasonable limit6 and subject 

 to the safeguarding of the legitimate interests of the 

 breeder, restrict the breeder's right in relation to any 

 variety in order to permit farmers to use for propagating 



