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rights, respecting at the same time the general interest of states. It is indispensable 

 that adequate protection be given to the creators of new varieties of plants, be they 

 public or private, in order to ensure an acceptable return on investments in con- 

 stant genetic progress which enables the farmers to remain competitive on the level 

 of world agriculture. The history of the last 30 years shows that, in the advanced 

 countries, the development of new varieties is directly related to the level of protec- 

 tion of intellectual property granted to the breeder, particularly for self-pollinating 

 species such as wheat, soybean, and cotton. 



The new convention is especially well balanced because it allows free access to 

 genetic variability in order to create new varieties, at the same time making plagia- 

 rism difficult thanks to the concepts of essentially derived variety and of depend- 

 ence. It also allows the farmers, if the member states so desire, to use farm-saved 

 seed on their own holdings, within reasonable limits and subject to the safeguarding 

 of the legitimate interests of the breeder. ASSINSEL is basically opposed to the use 

 of farm-saved seed because it is difficult in this area to prevent abuses which ruin, 

 in the case of certain species, every effort of research. Nevertheless, it understands 

 that political reasons of states determine their use, but in that case, it is imperative 

 that the reservations expressed in the UPOV Convention be recognized by law. 



By means of the concepts of essential derivation and of dependence, the new 

 UPOV Convention opens finally the possibility of establishing a bridge between the 

 system of plant variety protection and that of patent protection of biotechnological 

 inventions. This enables the states to have a coherent and efficient legislative arse- 

 nal in the area of plant varieties. 



ASSINSEL hopes therefore that the deliberations underway in the United States 

 of America be fruitful and lead to the amendment of the Plant Variety Protection 

 Act, respecting all the major principles of the new UPOV Convention, to the great- 

 est benefit of the American agro-industry as a whole. 



STATEMENT OF INTERNATIONAL UNION FOR THE PROTECTION OF NEW 



VARIETIES OF PLANTS (UPOV) 



I. INTRODUCTION 



My name is Arpad Bogsch. I am the Secretary-General of the International Union 

 for the Protection of New Varieties of Plants (UPOV). I am also the Director-Gener- 

 al of the World Intellectual Property Organization (WIPO). I have held those posi- 

 tions since 1974. I am a citizen of the United States of America. 



II. THE UNITED STATES OF AMERICA AND UPOV 



The United States of America is a member of the International Union for the Pro- 

 tection of New Varieties of Plants, along with the following 23 States: Australia, 

 Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Hungary, 

 Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Poland, Slovakia, 

 South Africa, Spain, Sweden, Switzerland, United Kingdom. 



The following states are expected to become members of UPOV in the near 

 future: Argentina, Austria and Uruguay. Keen interest has been shown by a 

 number of other countries. 



These countries account for a very high proportion of the world's varieties and 

 seed business. 



The aims of the International Convention for the Protection of New Varieties of 

 Plants ("UPOV Convention") are to: 



• Promote the concept of plant breeders' rights, as recognized in the United 

 States of America under the Plant Variety Protection Act, and 



• Promote a set of uniform and clearly defined principles on which the national 

 or regional plant variety protection systems should be based. 



At the national level, the objectives of the convention are to: 



• Ensure that states acknowledge the achievements of breeders of new plant vari- 

 eties, and do so by means of an intellectual property right; 



• Promote continued efforts in plant breeding, a major component of agricultural 

 research; 



• Promote the development of agriculture (in the widest sense of the word) and 

 agriculture-based industries, including the production of food and renewable energy 

 and raw materials. 



Plant breeding must be seen as an essential tool for sustainable development. 



