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provides equivalent property rights protection to that provided by the laws of other 

 nations, our producers will be at a disadvantage in the international marketplace. 

 It has been suggested by some U.S. producers that in the absence of this 

 legislation, U.S. producers and companies may face a reluctance on the part of 

 other nations' producers to allow them access to germplasm from around the 

 world. Thus, legislation implementing that Convention is essential, to protect 

 developers and users, to strengthen American agriculture, and to encourage our 

 continued world leadership in development of new varieties. 



Plant breeders and growers in the United States and other countries are 

 concerned that a significant amount of cut flowers and potted plants are being 

 traded in U.S. markets that were produced from plants originally reproduced 

 without the permission of the patent holders. To restore breeders' rights, 

 attention to at least two avenues is required. The Plant Varieties protection Act 

 addresses seed-reproduced plants. However, intellectual property rights to 

 varieties of plants reproduced asexually (through cuttings or shoots) are protected 

 under a separate act, the Plant Patent Act of 1 930. Thus, we would urge that, in 

 addition to the current legislation, Congress take separate steps to ensure 

 protection for this important segment of the industry, as well. 



Pursuant to Section 163 of the Plant Patent Act (PPA), granting of a patent 

 grants the patent holder the right to prevent unauthorized asexual reproduction of 

 the plant or selling or using the plant so reproduced. Unauthorized reproduction, 

 however, may occur in countries which do not recognize plant breeders' rights. 



