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It is clear that intellectual property rights protection of plant varieties is a key 

 goal for our industry, both for developers of new varieties and for those who 

 subsequently grow and sell plants and flowers. The Society of American Florists 

 endorses H.R. 2927, amending the Plant Variety Protection Act (PVPA), to 

 enhance intellectual property rights for developers of seed-reproduced plants, as 

 one important means of achieving that goal. We also support in concept the 

 report language offered by the American Seed Trade Association to address the 

 issues of incidental sales and consent to sell saved seed. Similarly, the research 

 exemption is essential to maintaining an important element of the current PVPA. 



After incurring the research, breeding and marketing costs in developing new 

 varieties, plant breeders lose legitimate royalty income on plants reproduced 

 without authorization. This income loss has a negative impact on plant research 

 and development programs which are the foundation for a strong and progressive 

 floriculture industry. In effect, the loss of income serves as a disincentive to 

 engage in plant breeding and research. Secondly, producers who do not pay 

 their fair share of royalties have an unfair competitive advantage over other 

 producers. 



H.R. 2927 is needed to allow the United States to ratify the provisions of the 

 1991 International Union for the Protection of New Varieties of Plants (UPOV) 

 Convention, making the U.S. a full partner in international efforts to recognize 

 intellectual property rights for developers of seed cultivars. Until U.S. law 



