43 



Recommendations. The PVPA of 1970 should be revised to conform to 1991 UPOV 

 regarding farmer exemptions and essentially derived varieties. 



Germplasm Exchanges and Research Exemptions. Exchange of breeding and re- 

 search materials among scientists is essential for continued progress in plant im- 

 provement. Intellectual property protection should not interfere with such ex- 

 changes. 



Recommendations. An explicit research exemption should be provided with utility 

 patents on plants. In the absence of such an exemption, public institutions should be 

 encouraged to grant a research exemption as an integral part of their institutional 

 licensing policy. 



Deposits of all biological materials required for IPR should become part of the na- 

 tional germplasm system. 



International Considerations. The international dimensions of IPR, including 

 compensation to Third World countries, continue to be a source of contention among 

 scientists. 



Recommendations. Developing countries should be encouraged to adopt effective 

 plant breeders' rights and intellectual property laws. 



Country-to-country plant germplasm exchanges should be encouraged by whatever 

 means appropriate. 



Equity issues in germplasm exchanges, including compensation to countries of 

 origin, should be addressed and appropriate steps taken to assure that exchanges 

 are unfettered. 



Senator Kerrey. Thank you very much, Mr. Barnes. 

 The next witness is Mr. Bryce Neidig, President of the Nebraska 

 Farm Bureau. 



STATEMENT OF BRYCE NEIDIG, PRESIDENT, NEBRASKA FARM 

 BUREAU AND MEMBER, AMERICAN FARM BUREAU FEDERA- 

 TION BOARD OF DIRECTORS, WASHINGTON, DC 



Mr. Neidig. Mr. Chairman, members of the subcommittee, I am 

 honored to appear before you today to discuss the American Farm 

 Bureau's position on proposed changes to the PVPA. 



My name is Bryce Neidig. I am president of the Nebraska Farm 

 Bureau and a member of the American Farm Bureau Federation 

 Board of Directors. I raise corn, soybeans, and alfalfa on 700 acres 

 in northeast Nebraska. 



Before addressing the particular issues surrounding the PVPA, I 

 want to thank you, Senator Kerrey and Senator Daschle, for your 

 interest in this issue and we look forward to working with you and 

 others and your staffs in strengthening the protection rights of 

 breeders and in guaranteeing farmers access to superior seed varie- 

 ties. 



The Farm Bureau spent considerable time developing a position 

 on the proposed changes to PVPA. As is often the case in the 

 policy arena, this involved balancing competing interests. Farm 

 Bureau policy reflects our members' commitment to protecting pri- 

 vate property rights, including intellectual property rights. That 

 protection had to be balanced with the need to retain a workable 

 system whereby farmers who wish to save, condition, and utilize 

 otherwise protected seed on their own holdings could do so with a 

 minimum of disruption to normal operating practices. 



Each of you have a copy of the statement which includes the fol- 

 lowing text of AFBF policy on the PVPA: 



In order to strengthen the rights of plant breeders and 

 maintain farmers' ability to save seed for the land he or 

 she farms and dispose of incidental amounts of seed, we 

 will: One, support strong intellectual property rights pro- 



