101 



13 



rights? 



A. If a PVP certificate holder under the current PVPA were 

 to be subjected to requirements envisioned for certificate 

 holders on essentially derived varieties under S. 1406, it would 

 be contrary to Article 40 of the 1991 UPOV Convention, because it 

 would limit the rights which were granted with the certificate at 

 the time it was issued (i.e. under present law) . 



However, to answer the question as stated, it should be said 

 that the effect of such a proposed change in the transition 

 provision (effective date provision) would depend on how the 

 change were written and how it might be construed by the courts. 



21. Q. What happens to the privilege of saving seed of 

 protected varieties when a landowner-tenant relationship is 

 involved? 



A. S. 1406 does not change the wording of Section 113. 

 Right To Save Seed; Crop Exemption as it pertains to saving seed. 

 S. 1406 only deletes the provision for the person saving seed to 

 sell farm saved seed and does not change the wording of the 

 privilege of saving seed. The law would continue to treat 

 landowner-tenant relationships in the same fashion as the present 

 law does. 



22. Q. Section 8 prohibits conditioning the variety for the 

 purpose of propagation without permission of the owner. Because 

 of the cost of conditioning equipment, seed is conditioned by 

 someone other than the farmer who intends to use it . Under this 

 provision would someone conditioning seed for a farmer be in 

 violation of this prohibition? 



A. It is not the intent of the PVPA for the conditioner to 

 be held liable in this case. 



23. Q. What is the US annual contribution to the UPOV? 

 A. Approximately $161,000 in 1993. 



