In the infringement area, the list of actions that constitute in- 

 fringement would be expanded by S. 1406, namely by adding condi- 

 tioning a protected variety for purposes of propagation. This would 

 not, however, apply to the conditioning of saved seed by farmers 

 for planting on their own holdings. Stocking a variety for any pur- 

 pose would also constitute infringement. 



Infringement would also be extended to include acts involving 

 harvested material, if such material is obtained through unauthor- 

 ized use of propagating material. 



Under S. 1406, the period of protection would be increased from 

 18 to 20 years for most crops and to 25 years for trees and vines. 



Finally, Mr. Chairman, the provisions of S. 1406 would not take 

 effect until 6 months after enactment and would apply only to vari- 

 eties protected after that 6 months. 



In closing, Mr. Chairman, we believe that S. 1406, if enacted into 

 law, would enable the United States to ratify the 1991 act of the 

 UPOV Convention, thereby continuing the United States leader- 

 ship role as a proponent of effective protection of intellectual prop- 

 erty. At the same time, these changes in the PVPA will greatly en- 

 courage the development of new varieties of plants to the benefit of 

 our farmers, the seed industry, and the American consumer. 



This concludes my statement. My associates and I would be 

 pleased to respond to any questions that you might have. 



[The prepared statement of Dr. Clayton follows:] 



Prepared Statement of Kenneth C. Clayton, Acting Administrator, 

 Agricultural Marketing Service, U.S. Department of Agriculture 



Good afternoon, Mr. Chairman and members of the subcommittee. I very much 

 appreciate the invitation to present the administration's views on S. 1406, a bill to 

 conform the Plant Variety Protection Act to the articles of the 1991 act of the Inter- 

 national Convention for the Protection of New Varieties of Plants, also known as 

 the UPOV Convention. Accompanying me today are Dr. Kenneth Evans, Commis- 

 sioner of the Plant Variety Protection Office, and H. Dieter Hoinkes, of the Patent 

 and Trademark Office, Department of Commerce. 



The administration supports the enactment of S. 1406 and the effective protection 

 of all forms of intellectual property. This includes new plant varieties, which are a 

 form of invention. In the United States, one effective form of protection for new 

 plant varieties that are reproduced by seed is the Plant Variety Protection Act 

 (PVPA). To afford our plant breeders protection in other countries as well, the 

 United States became a member of the International Union for the Protection of 

 New Varieties of Plants (UPOV). That union was established by the UPOV Conven- 

 tion in 1961. In 1978, the UPOV Convention was revised and in 1981 the United 

 States became a party to that act by executive agreement. UPOV presently has 24 

 member countries, including most of our important trading partners. The conven- 

 tion was again significantly revised in 1991 to provide plant breeders with improved 

 protection for innovative plant varieties. Representatives of the Departments of Ag- 

 riculture, Commerce and State participated in the negotiations that resulted in the 

 1991 act of the UPOV Convention. Although the United States is a signatory to that 

 act, the PVPA must be amended to enable the United States to adhere or become 

 party to the 1991 version. 



Development of new plant varieties is important for reasons beyond increasing 

 the production of food and fiber. The ever-changing picture of plant pests and dis- 

 eases is a frightening one. New pests, like the Russian wheat aphid, are sometimes 

 introduced into this country despite our best efforts at quarantine. New strains of 

 fungus, like the newest forms of barley stem rust and leaf rust, evolve and threaten 

 cereal production. The most environmentally sound method of coping with these 

 threats is to develop new resistant varieties of crop plants. 



Increasing pressure on the environment also necessitates the development of new 

 plant varieties which are more efficient consumers of resources and producers of 

 food and fiber. Drought-tolerant varieties of buffalograss, for example, may hold out 



