99 



ii 



derived variety, like other provisions of S. 1406, should 

 stimulate the plant breeding industry and increase the use of 

 information and germplasm through the research exemption. 



14. Q. Plant breeders, generally, are not interested in 

 conserving exotic germplasm because it is often difficult to use 

 in their breeding programs. Thus, modern varieties tend to have 

 a very narrow genetic base. Would this legislation encourage 

 plant breeders to use collections and expand the genetic 

 differences between varieties? 



A. S. 1406 would not significantly alter breeders' use of 

 exotic germplasm. Expanding genetic differences between 

 varieties is a breeder decision based on the crop biology and the 

 breeders' goals. Programs which are making a profit are more 

 likely to fund long range breeding programs. Long range breeding 

 programs would likely increase the use of exotic germplasm and 

 thus broaden the germplasm base of commercial varieties. 



15. Q. What progress has been made by other UPOV member states 

 in changing their laws to conform to the 1991 UPOV Convention? 



A. As of last report, four countries (five including the 

 USA) are proceeding with the development of legislation to change 

 their laws. Countries which are members of the European 

 Community (EC) are waiting for the development of an EC 

 regulation on breeders' rights. Four of those countries, 

 however, have made enough progress to be able to introduce 

 legislation. Four more EC countries and Sweden have begun the 

 process. Thus, 13 countries are committed to the 1991 UPOV 

 Convention. No country has yet ratified it .however. 



16. Q. The NAFTA agreement requires each party to provide 

 protection equivalent to the UPOV. Has Mexico taken steps to 

 become a member of the UPOV? 



A. Mexico is not currently a member of UPOV. However, Part 

 6, Chapter 17, Article 1701, section 1(d), of the NAFTA requires 

 that "If a party has not acceded to the specific test of any such 

 Conventions (UPOV) on or before the date of entry into force of 

 this Agreement, it shall make every effort to accede". NAFTA 

 gives the Parties the option of acceding to the 1978 or 1991 

 Convention. 



Mexico is implementing a two tier system of protection similar to 

 the United States. Patents are in the Secretaria De Comercia y 

 Fomento Industrial and are similar to US patents in the 

 Department of Commerce. Mexican legislation has been passed and 

 the Mexican government is now accepting patent applications. 

 However, Mexican patent law is lacking in its requirements to 

 accede to UPOV. 



