Plant Variety Protection Act

Sexually reproduced plants, except fungi, bacteria and first generation hybrids are protected by the 1970 Plant Variety Protection Act or PVPA. This Act provides for the issuance of a certificate of plant variety protection from the Plant Variety Protection Office of the Department of Agriculture which administers the Act. The protection granted provides protection against unauthorized propagation of seed to be sold or used as a propagating material for a period of 18 years. 

In light of Chakrabarty, it appears that section 101 specifically protects man-made life forms at the microorganism and plant level, including plant life itself. However, in the 1930 Plant Patent Act and the 1970 Plant Variety Protection Act, Congress has specifically set forth how and under what conditions plant life covered by these Acts should be protected. Since the plant patent provision was added to the predecessor of section 101, it is clear that Congress intended a "distinct... 

Carotenoids are essential to plants for photosynthesis, acting in light harvesting and especially in protection against destructive photooxidation. Without carotenoids, photosynthesis in an oxygenic atmosphere would be impossible. Some animals use carotenoids for coloration, especially birds (yellow and red feathers), fish and a wide variety of invertebrate animals, where complexation with protein may modify then-colors to blue, green or purple. ... 

Another controversial modihcation to the act allows for ordre public considerations to supersede infringement if equitable remuneration is offered, which opens the door to a system in which ordre public may be invoked to avoid seeking the consent of a rights-holder to use a protected plant variety. Together, these changes to the UPOV Act are worrisome to those who perceive it to be unjust and those who consider the act to offer insufficient solutions for the problems facing farmers in developing countries [61]. 

---