70 



At the international level, the objective of the convention is to create a favorable 

 legal environment for the international trade in plant varieties and seeds, in which 

 the United States of America holds a key position. 



III. THE UNITED STATES OF AMERICA AND THE 1991 ACT OF THE UPOV CONVENTION 



The UPOV Convention has been revised in a Diplomatic Conference held from 

 March 4 to 19, 1991, with the overall objective of: 



• Adapting it to recent and expected developments in the field of economic activi- 

 ty concerned (plant breeding, seed trade, agriculture and agriculture-based indus- 

 tries), in particular developments in biotechnology and genetic engineering, and 



• Increasing its positive role in the above-mentioned field. 



The three major changes are as follows: 



• The 1991 act of the UPOV Convention will ensure that member states will offer 

 protection for varieties of all plant genera and species (thereby extending the incen- 

 tive to breed new varieties to the whole plant kingdom); 



• The 1991 act of the UPOV Convention will ensure that member states will 

 grant to breeders, in respect of protected varieties, more extensive property rights, 

 with appropriate exceptions and limitations (thereby placing the incentive on a 

 larger footing); 



• The 1991 act of the UPOV Convention will ensure that member states will 

 grant to breeders a right extending to "essentially derived varieties" (thereby pre- 

 serving the incentive where a new variety is created by slightly transforming the 

 protected one). 



Other changes have also been made in the light of the experience from the appli- 

 cation of the currently applicable (1978) act of the convention. S. 1406 would also 

 transcribe those into U.S. law. 



At both the Diplomatic Conference and the preparatory meetings, the delegation 

 of the United States of America has been instrumental in setting the standards 

 which will govern the plant variety protection systems in the years ahead. The act 

 was signed on behalf of the United States of America on October 25, 1991, and re- 

 ceived the support of the industry concerned. 



Concerning the right to save seed, the Federation of Agricultural Producers 

 (IFAP) — the international organization of the world's farmers — considered Article 

 15(2) of the act "as a reasonable compromise balancing the interests of farmers and 

 breeders, and allowing goverments to determine the reasonable limits of the appli- 

 cation of this exemption." In general, the IFAP was the view that "the new UPOV 

 Convention would correctly balance the interests of farmers, consumers and breed- 

 ers so that society as a whole would benefit from the exploitation of plant genetic 

 resources." (Paragraphs 244.6 and 244.7 of the Summary Minutes of the Plenary 

 Sessions of the Diplomatic Conference, in: Records of the Diplomatic Conference for 

 the Revision of the International Convention for the Protection of New Varieties of 

 Plants, Geneva, 1991, UPOV publication No. 346(E).) 



In my view, it is essential for the United States of America to continue to play a 

 leading role in promoting strong and effective, and also well-balanced, intellectual 

 property protection in the field of plant varieties. I recommend adoption of S. 1406. 



STATEMENT OF THE NATIONAL COUNCIL OF COMMERCIAL PLANT 



BREEDERS 



My name is Dale Cochran, General Manager of Illinois Foundation Seeds, Inc., 

 and president of the National Council of Commercial Plant Breeders. On behalf of 

 the Council, I am pleased to support and reaffirm our endorsement of S. 1406, a bill 

 to amend the Plant Variety Protection Act of 1970. 



Many hours of discussion, research, and planning have gone into this legislation 

 and the NCCPB appreciates your willingness to bring this issue forward for a 

 thoughtful discussion and, hopefully, a quick resolution. 



The NCCPB has at least two objectives to accomplish as an organization of plant 

 breeders, representing 60-plus seed companies. 



1. To promote plant breeding, plant genetic research, and related plant improve- 

 ment disciplines as challenging and interesting careers to help ensure a continu- 

 ing supply of trained plant scientists. 



2. To support systems of voluntary protection for the private developer or inventor 

 of plant improvements on a worldwide basis so that the developer can benefit 



