Sunday, November 21, 2010

The farmers' right in U.S history

The topic is about the farmers' right in U.S history.

The USDA hopes to help farmers while promoting the environment.

    Sixty-five years of congressional activity protected the farmer’s right to save, use, exchange, and sell seed of the 20th century. Recognizing the obstacles patent monopolies would pose to farmers, the Senate clarified “the patent right granted is a right to propagate a new variety by asexual reproduction. It does not include the right to propagate by seeds.”
   In 1965, a presidential commission reviewed the role of plant patents and concluded that patents did not fall into §101 subject matter for utility patents. In 1968, Congress proposed an amendment to insert the words or sexuallyin sections 161 and 163 of the PPA. The amendment was defeated.
    Instead, in 1970, Congress specifically crafted a new and distinct intellectual property regime for sexually reproducing plants—the Plant Variety Protection Act (PVPA). With the PVPA Congress created a sui generis statute extending patent-like protection to sexually propagated seed plants, while carefully preserving a farmer’s right to save seeds. 
    The USDA opposed granting utility patents to sexually reproducing plants because such patents would threaten continuing development and introduction of new seed varieties. More specifically, the USDA feared that seed patenting would severely limit free data exchange, restrict open research discussion, and diminish the exchange of experimental plants.
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