property right. It is like a book. If I buy a book — you haven't writ- 

 ten a book yet, have you, Mr. Chairman? 



Senator Kerrey. No. [Laughter.] I have some notes. 



Senator Harkin. If you write a best-selling book, which you may 

 do one of these days, and I go out and buy it, you have expended 

 all this intellectual effort and time to write this book. What if I 

 buy it, I take it home, and I just start reprinting it and selling it. I 

 don't think anyone really wants to see that happen. We have to en- 

 courage intellectual endeavors in research and development. 



Senator Kerrey. In my case, if you would promise to do that, I 

 might write a book. [Laughter.] 



Senator Harkin. I had better use a different example here. 



So that is really the crux of it, and while I do sympathize with 

 the case that has been in the courts, we do have to promote this 

 type of endeavor in research and development. It is a tough issue, 

 because it does cross lines in terms of individual rights, property 

 rights, that type of thing, but I think on the whole, Mr. Chairman, 

 that we have to conform to the UPOV treaty. 



I congratulate you for your leadership in this area and for spon- 

 soring the legislation and holding this hearing today. I apologize 

 that I have to leave, but I just wanted to be here to make that 

 opening statement and to encourage you in your endeavors. 



Thank you, Mr. Chairman. 



Senator Kerrey. Thank you, Senator. 



There are three people from USDA. Kenneth Clayton is the 

 Acting Administrator of Marketing Programs for the Agricultural 

 Marketing Service. If you would like to lead off and perhaps intro- 

 duce the next two gentlemen 



Dr. Clayton. Sure. I would be very happy to do that. 



Senator Kerrey. Do it in whatever way you want, Dr. Clayton. 



STATEMENT OF KENNETH C. CLAYTON, ACTING ADMINISTRATOR, 

 MARKETING PROGRAM, AGRICULTURAL MARKETING SERVICE, 

 U.S. DEPARTMENT OF AGRICULTURE, WASHINGTON, DC, AC- 

 COMPANIED BY DR. KENNETH EVANS, COMMISSIONER OF 

 PLANT VARIETY PROTECTION OFFICE, USDA; H. DIETER 

 HOINKES, DIRECTOR OF PATENT AND TRADEMARK OFFICE, 

 DEPARTMENT OF COMMERCE; AND ALEX SIMELFAUB, OFFICE 

 OF GENERAL COUNSEL, USDA 



Dr. Clayton. Thank you, Senator Kerrey. Good afternoon to you 

 and the subcommittee. 



I do very much appreciate your invitation to present the admin- 

 istration's views on S. 1406, a bill to conform the Plant Variety 

 Protection Act to the articles of the 1991 act of the International 

 Convention for the Protection of New Varieties of Plants, also 

 known as the UPOV Convention. 



With me today are Dr. Kenneth Evans, who is the Commissioner 

 of our Plant Variety Protection Office, also H. Dieter Hoinkes of 

 the Patent and Trademark Office at the Department of Commerce, 

 and seated behind me is Alex Simelfaub, who is with our Office of 

 General Counsel at USDA. 



Mr. Chairman, I will briefly summarize my written testimony 

 and I ask that the full testimony be submitted for the record. 



