108 



7 



1 shall include a disclosure of the principal char- 



2 acteristics by which a variety is distinguished. 



3 "(C) Other means. — A variety may be- 



4 come publicly known and a matter of common 



5 knowledge by other means.". 



6 SEC. 3. RIGHT TO PLANT VARIETY PROTECTION; PLANT 



7 VARIETIES PROTECTABLE. 



8 Section 42 (7 U.S.C. 2402) is amended to read as 



9 follows: 



10 "SEC. 42. RIGHT TO PLANT VARIETY PROTECTION; PLANT 



1 1 VARIETIES PROTECTABLE. 



12 "(a) In General. — The breeder of any sexually re- 



13 produced plant variety (other than fungi or bacteria) who 



14 has so reproduced the variety, or the successor in interest 



15 of the breeder, shall be entitled to plant variety protection 



16 for the variety, subject to the conditions and requirements 



17 of this Act, if the variety is — 



18 "(1) new, in the sense that, on the date of filing 



19 of the application for plant variety protection, propa- 



20 gating or harvested material of the variety has not 



21 been sold or otherwise disposed of to other persons, 



22 by or with the consent of the breeder, or the succes- 



23 sor in interest of the breeder, for purposes of exploi- 



24 tation of the variety — 



