[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Senate]
[Page S8282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL STATEMENTS

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                  PLANT PATENT AMENDMENTS ACT OF 1997

 Mr. SMITH of Oregon. Mr. President, yesterday I introduced a 
bill, S. 1072, that corrects an unintended loophole in the Plant Patent 
Act of 1930 dealing with the coverage of plant parts. The 1930 act 
covers the whole plant but did not address plant parts, resulting in a 
loophole whereby some growers, particularly in foreign nations that do 
not have plant breeders' rights laws, are reproducing U.S. patent-
protected varieties without authorization. They then export the 
harvested materials--plant parts--such as flowers and fruits, to the 
United States. The loophole has been created by new production and 
transportation capabilities unforeseen 67 years ago.
  As a result, American plant breeders are losing royalty income that 
supports continued research and breeding of new and improved varieties. 
Domestic growers who are paying legitimate royalties are also finding 
themselves at an unfair disadvantage to foreign growers producing 
patented varieties illegally.
  The Plant Patent Act of 1930 has historically offered a strong 
incentive for research and breeding activities, which is the foundation 
for a progressive and growing U.S. horticultural industry.
  This legislation amends the Plant Patent Act to expressly cover 
plants and plant parts by inserting at the end of 35 U.S.C. 163, the 
words ``or any parts thereof.'' This solution provides relief to U.S. 
breeders and growers, and would help ensure that the United States 
remains an international leader in the development of new and useful 
plant varieties. It will enable plant and patent holders the 
opportunity to protect their patent rights and continue investing in 
research and development. S. 1072 is also consistent with the 1991 
International Union for the Production of New Varieties of Plants, 
which extends plant breeders' rights protection to harvested material.
  Mr. President, I ask that the text of the legislation be printed in 
the Record.
  The text of the bill follows:

                                S. 1072

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Plant Patent Amendment Act 
     of 1997''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) The protection provided by plant patents under title 
     35, United States Code, dating back to 1930, has historically 
     benefited American agriculture and horticulture and the 
     public by providing an incentive for breeders to develop new 
     plant varieties.
       (2) Domestic and foreign agricultural trade is rapidly 
     expanding and is very different from the trade of the past. 
     An unforeseen ambiguity in the provisions of title 35, United 
     States Code, is undermining the orderly collection of 
     royalties due breeders holding United States plant patents.
       (3) Plant parts produced from plants protected by United 
     States plant patents are being taken from illegally 
     reproduced plants and traded in United States markets to the 
     detriment of plant patent holders.
       (4) Resulting lost royalty income inhibits investment in 
     domestic research and breeding activities associated with a 
     wide variety of crops--an ares where the United States has 
     historically enjoyed a strong international position. Such 
     research is the foundation of a strong horticultural 
     industry.
       (5) Infringers producing such plant parts from unauthorized 
     plants enjoy an unfair competitive advantage over producers 
     who pay royalties on varieties protected by United States 
     plant patents.
       (b) Purposes.--The purposes of this Act are--
       (1) to clearly and explicitly provide that title 35, United 
     States Code, protects the owner of a plant patent against the 
     unauthorized sale of plant parts taken from plants illegally 
     reproduced;
       (2) to make the protections provided under such title more 
     consistent with those provided breeders of sexually 
     reproduced plants under the Plant Variety Protection Act (7 
     U.S.C. 2321 et. seq.), as amended by the plant Variety 
     Protection Act Amendments of 1994 (Public Law 103-349); and
       (3) to strengthen the ability of United States plant patent 
     holders to enforce their patent rights with regard to 
     importation of plant parts produced from plants protected by 
     United States plant patents, which are propagated without the 
     authorization of the patent holder.

     SEC. 3. AMENDMENT TO TITLE 35, UNITED STATES CODE.

       (a) Rights in Plant Patents.--Section 163 of title 35, 
     United States Code, is amended to read as follows:

     ``Sec. 163. Grant

       ``In the case of a plant patent, the grant shall include 
     the right to exclude others from asexually reproducing the 
     plant, and from using, offering for sale, or selling the 
     plant so reproduced, or any of its parts, throughout the 
     United States, or from importing the plant so reproduced, or 
     any parts thereof, into the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any plant patent issued on or after the date 
     of the enactment of this Act.

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