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OF NEW VARIETIES OF PLANTS
(2.XII.1961)
(Revised at Geneva on November 10, 1972,
on October 23, 1978, and on March 19, 1991)
Chapter I. DEFINITIONS
Article 1
Definitions
For the purposes of this Act:
(i) "this Convention" means the present (1991) Act of the
International Convention for the Protection of New Varieties of
Plants;
(ii) "Act of 1961/1972" means the International Convention for
the Protection of New Varieties of Plants of December 2, 1961, as
amended by the Additional Act of November 10, 1972;
(iii) "Act of 1978" means the Act of October 23, 1978, of the
International Convention for the Protection of New Varieties of
Plants;
(iv) "breeder" means
- the person who bred, or discovered and developed, a variety,
- the person who is the employer of the aforementioned person or
who has commissioned the latter`s work, where the laws of the relevant
Contracting Party so provide, or
- the successor in title of the first or second aforementioned
person, as the case may be;
(v) "breeder`s right" means the right of the breeder provided for
in this Convention;
(vi) "variety" means a plant grouping within a single botanical
taxon of the lowest known rank, which grouping, irrespective of
whether the conditions for the grant of a breeder`s right are fully
met, can be
- defined by the expression of the characteristics resulting from
a given genotype or combination of genotypes,
- distinguished from any other plant grouping by the expression
of at least one of the said characteristics and
- considered as a unit with regard to its suitability for being
propagated unchanged;
(vii) "Contracting Party" means a State or an intergovernmental
organization party to this Convention;
(viii) "territory," in relation to a Contracting Party, means,
where the Contracting Party is a State, the territory of that State
and, where the Contracting Party is an intergovernmental organization,
the territory in which the constituting treaty of that
intergovernmental organization applies;
(ix) "authority" means the authority referred to in Article 30
(1) "ii";
(x) "Union" means the Union for the Protection of New Varieties
of Plants founded by the Act of 1961 and further mentioned in the Act
of 1972, the Act of 1978 and in this Convention;
(xi) "member of the Union" means a State party to the Act of
1961/1972 or the Act of 1978, or a Contracting Party.
Chapter II. GENERAL OBLIGATIONS OF THE CONTRACTING PARTIES
Article 2
Basic Obligation of the Contracting Parties
Each Contracting Party shall grant and protect breeders` rights.
Article 3
Genera and Species to be Protected
(1) [States already members of the Union] Each Contracting Party
which is bound by the Act of 1961/1972 or the Act of 1978 shall apply
the provisions of this Convention,
(i) at the date on which it becomes bound by this Convention, to
all plant genera and species to which it applies, on the said date,
the provisions of the Act of 1961/1972 or the Act of 1978 and,
(ii) at the latest by the expiration of a period of five years
after the said date, to all plant genera and species.
(2) [New members of the Union] Each Contracting Party which is
not bound by the Act of 1961/1972 or the Act of 1978 shall apply the
provisions of this Convention,
(i) at the date on which it becomes bound by this Convention, to
at least 15 plant genera or species and,
(ii) at the latest by the expiration of a period of 10 years from
the said date, to all plant genera and species.
Article 4
National Treatment
(1) [Treatment] Without prejudice to the rights specified in this
Convention, nationals of a Contracting Party as well as natural
persons resident and legal entities having their registered offices
within the territory of a Contracting Party shall, insofar as the
grant and protection of breeders` rights are concerned, enjoy within
the territory of each other Contracting Party the same treatment as is
accorded or may hereafter be accorded by the laws of each such other
Contracting Party to its own nationals, provided that the said
nationals, natural persons or legal entities comply with the
conditions and formalities imposed on the nationals of the said other
Contracting Party.
(2) ["Nationals"] For the purposes of the preceding paragraph,
"nationals" means, where the Contracting Party is a State, the
nationals of that State and, where the Contracting Party is an
intergovernmental organization, the nationals of the States which are
members of that organization.
Chapter III. CONDITIONS FOR THE GRANT OF THE BREEDER`S RIGHT
Article 5
Conditions of Protection
(1) [Criteria to be satisfied] The breeder`s right shall be
granted where the variety is
(i) new,
(ii) distinct,
(iii) uniform and
(iv) stable.
(2) [Other conditions] The grant of the breeder`s right shall not
be subject to any further or different conditions, provided that the
variety is designated by a denomination in accordance with the
provisions of Article 20, that the applicant complies with the
formalities provided for by the law of the Contracting Party with
whose authority the application has been filed and that he pays the
required fees.
Article 6
Novelty
(1) [Criteria] The variety shall be deemed to be new if, at the
date of filing of the application for a breeder`s right, propagating
or harvested material of the variety has not been sold or otherwise
disposed of to others, by or with the consent of the breeder, for
purposes of exploitation of the variety
(i) in the territory of the Contracting Party in which the
application has been filed earlier than one year before that date and
(ii) in a territory other than that of the Contracting Party in
which the application has been filed earlier than four years or, in
the case of trees or of vines, earlier than six years before the said
date.
(2) [Varieties of recent creation] Where a Contracting Party
applies this Convention to a plant genus or species to which it did
not previously apply this Convention or an earlier Act, it may
consider a variety of recent creation existing at the date of such
extension of protection to satisfy the condition of novelty defined in
paragraph (1) even where the sale or disposal to others described in
that paragraph took place earlier than the time limits defined in that
paragraph.
(3) ["Territory" in certain cases] For the purposes of paragraph
(1), all the Contracting Parties which are member States of one and
the same intergovernmental organization may act jointly, where the
regulations of that organization so require, to assimilate acts done
on the territories of the States members of that organization to acts
done on their own territories and, should they do so, shall notify the
Secretary-General accordingly.
Article 7
Distinctness
The variety shall be deemed to be distinct if it is clearly
distinguishable from any other variety whose existence is a matter of
common knowledge at the time of the filing of the application. In
particular, the filing of an application for the granting of a
breeder`s right or for the entering of another variety in an official
register of varieties, in any country, shall be deemed to render that
other variety a matter of common knowledge from the date of the
application, provided that the application leads to the granting of a
breeder`s right or to the entering of the said other variety in the
official register of varieties, as the case may be.
Article 8
Uniformity
The variety shall be deemed to be uniform if, subject to the
variation that may be expected from the particular features of its
propagation, it is sufficiently uniform in its relevant
characteristics.
Article 9
Stability
The variety shall be deemed to be stable if its relevant
characteristics remain unchanged after repeated propagation or, in the
case of a particular cycle of propagation, at the end of each such
cycle.
Chapter IV. APPLICATION FOR THE GRANT OF THE BREEDER`S RIGHT
Article 10
Filing of Applications
(1) [Place of first application] The breeder may choose the
Contracting Party with whose authority he wishes to file his first
application for a breeder`s right.
(2) [Time of subsequent applications] The breeder may apply to
the authorities of other Contracting Parties for the grant of
breeders` rights without waiting for the grant to him of a breeder`s
right by the authority of the Contracting Party with which the first
application was filed.
(3) [Independence of protection] No Contracting Party shall
refuse to grant a breeder`s right or limit its duration on the ground
that protection for the same variety has not been applied for, has
been refused or has expired in any other State or intergovernmental
organization.
Article 11
Right of Priority
(1) [The right; its period] Any breeder who has duly filed an
application for the protection of a variety in one of the Contracting
Parties (the "first application") shall, for the purpose of filing an
application for the grant of a breeder`s right for the same variety
with the authority of any other Contracting Party (the "subsequent
application"), enjoy a right of priority for a period of 12 months.
This period shall be computed from the date of filing of the first
application. The day of filing shall not be included in the latter
period.
(2) [Claiming the right] In order to benefit from the right of
priority, the breeder shall, in the subsequent application, claim the
priority of the first application. The authority with which the
subsequent application has been filed may require the breeder to
furnish, within a period of not less than three months from the filing
date of the subsequent application, a copy of the documents which
constitute the first application, certified to be a true copy by the
authority with which that application was filed, and samples or other
evidence that the variety which is the subject matter of both
applications is the same.
(3) [Documents and material] The breeder shall be allowed a
period of two years after the expiration of the period of priority or,
where the first application is rejected or withdrawn, an appropriate
time after such rejection or withdrawal, in which to furnish, to the
authority of the Contracting Party with which he has filed the
subsequent application, any necessary information, document or
material required for the purpose of the examination under Article 12,
as required by the laws of that Contracting Party.
(4) [Events occurring during the period] Events occurring within
the period provided for in paragraph (1), such as the filing of
another application or the publication or use of the variety that is
the subject of the first application, shall not constitute a ground
for rejecting the subsequent application. Such events shall also not
give rise to any third-party right.
Article 12
Examination of the Application
Any decision to grant a breeder`s right shall require an
examination for compliance with the conditions under Articles 5 to 9.
In the course of the examination, the authority may grow the variety
or carry out other necessary tests, cause the growing of the variety
or the carrying out of other necessary tests, or take into account the
results of growing tests or other trials which have already been
carried out. For the purposes of examination, the authority may
require the breeder to furnish all the necessary information,
documents or material.
Article 13
Provisional Protection
Each Contracting Party shall provide measures designed to
safeguard the interests of the breeder during the period between the
filing or the publication of the application for the grant of a
breeder`s right and the grant of that right. Such measures shall have
the effect that the holder of a breeder`s right shall at least be
entitled to equitable remuneration from any person who, during the
said period, has carried out acts which, once the right is granted,
require the breeder`s authorization as provided in Article 14. A
Contracting Party may provide that the said measures shall only take
effect in relation to persons whom the breeder has notified of the
filing of the application.
Chapter V. THE RIGHTS OF THE BREEDER
Article 14
Scope of the Breeder`s Right
(1) [Acts in respect of the propagating material]
(a) Subject to Articles 15 and 16, the following acts in respect
of the propagating material of the protected variety shall require the
authorization of the breeder:
(i) production or reproduction (multiplication),
(ii) conditioning for the purpose of propagation,
(iii) offering for sale,
(iv) selling or other marketing,
(v) exporting,
(vi) importing,
(vii) stocking for any of the purposes mentioned in (i) to
(vi), above.
(b) The breeder may make his authorization subject to conditions
and limitations.
(2) [Acts in respect of the harvested material] Subject to
Articles 15 and 16, the acts referred to in items (i) to (vii) of
paragraph (1)(a) in respect of harvested material, including entire
plants and parts of plants, obtained through the unauthorized use of
propagating material of the protected variety shall require the
authorization of the breeder, unless the breeder has had reasonable
opportunity to exercise his right in relation to the said propagating
material.
(3) [Acts in respect of certain products] Each Contracting Party
may provide that, subject to Articles 15 and 16, the acts referred to
in items (i) to (vii) of paragraph (1)(a) in respect of products made
directly from harvested material of the protected variety falling
within the provisions of paragraph (2) through the unauthorized use of
the said harvested material shall require the authorization of the
breeder, unless the breeder has had reasonable opportunity to exercise
his right in relation to the said harvested material.
(4) [Possible additional acts] Each Contracting Party may provide
that, subject to Articles 15 and 16, acts other than those referred to
in items (i) to (vii) of paragraph (1)(a) shall also require the
authorization of the breeder.
(5) [Essentially derived and certain other varieties]
(a) The provisions of paragraphs (1) to (4) shall also apply in
relation to
(i) varieties which are essentially derived from the protected
variety, where the protected variety is not itself an essentially
derived variety,
(ii) varieties which are not clearly distinguishable in
accordance with Article 7 from the protected variety and
(iii) varieties whose production requires the repeated use of the
protected variety.
(b) For the purposes of subparagraph (a)(i), a variety shall be
deemed to be essentially derived from another variety ("the initial
variety") when
(i) it is predominantly derived from the initial variety, or from
a variety that is itself predominantly derived from the initial
variety, while retaining the expression of the essential
characteristics that result from the genotype or combination of
genotypes of the initial variety,
(ii) it is clearly distinguishable from the initial variety and
(iii) except for the differences which result from the act of
derivation, it conforms to the initial variety in the expression of
the essential characteristics that result from the genotype or
combination of genotypes of the initial variety.
(c) Essentially derived varieties may be obtained for example by
the selection of a natural or induced mutant, or of a somaclonal
variant, the selection of a variant individual from plants of the
initial variety, backcrossing, or transformation by genetic
engineering.
Article 15
Exceptions to the Breeder`s Right
(1) [Compulsory exceptions] The breeder`s right shall not extend
to
(i) acts done privately and for non-commercial purposes,
(ii) acts done for experimental purposes and
(iii) acts done for the purpose of breeding other varieties, and,
except where the provisions of Article 14(5) apply, acts referred to
in Article 14(1) to (4) in respect of such other varieties.
(2) [Optional exception] Notwithstanding Article 14, each
Contracting Party may, within reasonable limits and subject to the
safeguarding of the legitimate interests of the breeder, restrict the
breeder`s right in relation to any variety in order to permit farmers
to use for propagating purposes, on their own holdings, the product of
the harvest which they have obtained by planting, on their own
holdings, the protected variety or a variety covered by Article
14(5)(a)(i) or (ii).
Article 16
Exhaustion of the Breeder`s Right
(1) [Exhaustion of right] The breeder`s right shall not extend to
acts concerning any material of the protected variety, or of a variety
covered by the provisions of Article 14(5), which has been sold or
otherwise marketed by the breeder or with his consent in the territory
of the Contracting Party concerned, or any material derived from the
said material, unless such acts
(i) involve further propagation of the variety in question or
(ii) involve an export of material of the variety, which enables
the propagation of the variety, into a country which does not protect
varieties of the plant genus or species to which the variety belongs,
except where the exported material is for final consumption purposes.
(2) [Meaning of "material"] For the purposes of paragraph (1),
"material" means, in relation to a variety,
(i) propagating material of any kind,
(ii) harvested material, including entire plants and parts of
plants, and
(iii) any product made directly from the harvested material.
(3) ["Territory" in certain cases] For the purposes of paragraph
(1), all the Contracting Parties which are member States of one and
the same intergovernmental organization may act jointly, where the
regulations of that organization so require, to assimilate acts done
on the territories of the States members of that organization to acts
done on their own territories and, should they do so, shall notify the
Secretary-General accordingly.
Article 17
Restrictions on the Exercise of the Breeder`s Right
(1) [Public interest] Except where expressly provided in this
Convention, no Contracting Party may restrict the free exercise of a
breeder`s right for reasons other than of public interest.
(2) [Equitable remuneration] When any such restriction has the
effect of authorizing a third party to perform any act for which the
breeder`s authorization is required, the Contracting Party concerned
shall take all measures necessary to ensure that the breeder receives
equitable remuneration.
Article 18
Measures Regulating Commerce
The breeder`s right shall be independent of any measure taken by
a Contracting Party to regulate within its territory the production,
certification and marketing of material of varieties or the importing
or exporting of such material. In any case, such measures shall not
affect the application of the provisions of this Convention.
Article 19
Duration of the Breeder`s Right
(1) [Period of protection] The breeder`s right shall be granted
for a fixed period.
(2) [Minimum period] The said period shall not be shorter than 20
years from the date of the grant of the breeder`s right. For trees and
vines, the said period shall not be shorter than 25 years from the
said date.
Chapter VI. VARIETY DENOMINATION
Article 20
Variety Denomination
(1) [Designation of varieties by denominations; use of the
denomination]
(a) The variety shall be designated by a denomination which will
be its generic designation.
(b) Each Contracting Party shall ensure that, subject to
paragraph (4), no rights in the designation registered as the
denomination of the variety shall hamper the free use of the
denomination in connection with the variety, even after the expiration
of the breeder`s right.
(2) [Characteristics of the denomination] The denomination must
enable the variety to be identified. It may not consist solely of
figures except where this is an established practice for designating
varieties. It must not be liable to mislead or to cause confusion
concerning the characteristics, value or identity of the variety or
the identity of the breeder. In particular, it must be different from
every denomination which designates, in the territory of any
Contracting Party, an existing variety of the same plant species or of
a closely related species.
(3) [Registration of the denomination] The denomination of the
variety shall be submitted by the breeder to the authority. If it is
found that the denomination does not satisfy the requirements of
paragraph (2), the authority shall refuse to register it and shall
require the breeder to propose another denomination within a
prescribed period. The denomination shall be registered by the
authority at the same time as the breeder`s right is granted.
(4) [Prior rights of third persons] Prior rights of third persons
shall not be affected. If, by reason of a prior right, the use of the
denomination of a variety is forbidden to a person who, in accordance
with the provisions of paragraph (7), is obliged to use it, the
authority shall require the breeder to submit another denomination for
the variety.
(5) [Same denomination in all Contracting Parties] A variety must
be submitted to all Contracting Parties under the same denomination.
The authority of each Contracting Party shall register the
denomination so submitted, unless it considers the denomination
unsuitable within its territory. In the latter case, it shall require
the breeder to submit another denomination.
(6) [Information among the authorities of Contracting Parties]
The authority of a Contracting Party shall ensure that the authorities
of all the other Contracting Parties are informed of matters
concerning variety denominations, in particular the submission,
registration and cancellation of denominations. Any authority may
address its observations, if any, on the registration of a
denomination to the authority which communicated that denomination.
(7) [Obligation to use the denomination] Any person who, within
the territory of one of the Contracting Parties, offers for sale or
markets propagating material of a variety protected within the said
territory shall be obliged to use the denomination of that variety,
even after the expiration of the breeder`s right in that variety,
except where, in accordance with the provisions of paragraph (4),
prior rights prevent such use.
(8) [Indications used in association with denominations] When a
variety is offered for sale or marketed, it shall be permitted to
associate a trademark, trade name or other similar indication with a
registered variety denomination. If such an indication is so
associated, the denomination must nevertheless be easily recognizable.
Chapter VII. NULLITY AND CANCELLATION OF THE BREEDER`S RIGHT
Article 21
Nullity of the Breeder`s Right
(1) [Reasons of nullity] Each Contracting Party shall declare a
breeder`s right granted by it null and void when it is established
(i) that the conditions laid down in Articles 6 or 7 were not
complied with at the time of the grant of the breeder`s right,
(ii) that, where the grant of the breeder`s right has been
essentially based upon information and documents furnished by the
breeder, the conditions laid down in Articles 8 or 9 were not complied
with at the time of the grant of the breeder`s right, or
(iii) that the breeder`s right has been granted to a person who
is not entitled to it, unless it is transferred to the person who is
so entitled.
(2) [Exclusion of other reasons] No breeder`s right shall be
declared null and void for reasons other than those referred to in
paragraph (1).
Article 22
Cancellation of the Breeder`s Right
(1) [Reasons for cancellation]
(a) Each Contracting Party may cancel a breeder`s right granted
by it if it is established that the conditions laid down in Articles 8
or 9 are no longer fulfilled.
(b) Furthermore, each Contracting Party may cancel a breeder`s
right granted by it if, after being requested to do so and within a
prescribed period,
(i) the breeder does not provide the authority with the
information, documents or material deemed necessary for verifying the
maintenance of the variety,
(ii) the breeder fails to pay such fees as may be payable to keep
his right in force, or
(iii) the breeder does not propose, where the denomination of the
variety is cancelled after the grant of the right, another suitable
denomination.
(2) [Exclusion of other reasons] No breeder`s right shall be
cancelled for reasons other than those referred to in paragraph (1).
Chapter VIII. THE UNION
Article 23
Members
The Contracting Parties shall be members of the Union.
Article 24
Legal Status and Seat
(1) [Legal personality] The Union has legal personality.
(2) [Legal capacity] The Union enjoys on the territory of each
Contracting Party, in conformity with the laws applicable in the said
territory, such legal capacity as may be necessary for the fulfillment
of the objectives of the Union and for the exercise of its functions.
(3) [Seat] The seat of the Union and its permanent organs are at
Geneva.
(4) [Headquarters agreement] The Union has a headquarters
agreement with the Swiss Confederation.
Article 25
Organs
The permanent organs of the Union are the Council and the Office
of the Union.
Article 26
The Council
(1) [Composition] The Council shall consist of the
representatives of the members of the Union. Each member of the Union
shall appoint one representative to the Council and one alternate.
Representatives or alternates may be accompanied by assistants or
advisers.
(2) [Officers] The Council shall elect a President and a first
Vice-President from among its members. It may elect other
Vice-Presidents. The first Vice-President shall take the place of the
President if the latter is unable to officiate. The President shall
hold office for three years.
(3) [Sessions] The Council shall meet upon convocation by its
President. An ordinary session of the Council shall be held annually.
In addition, the President may convene the Council at his discretion;
he shall convene it, within a period of three months, if one-third of
the members of the Union so request.
(4) [Observers] States not members of the Union may be invited as
observers to meetings of the Council. Other observers, as well as
experts, may also be invited to such meetings.
(5) [Tasks] The tasks of the Council shall be to:
(i) study appropriate measures to safeguard the interests and to
encourage the development of the Union;
(ii) establish its rules of procedure;
(iii) appoint the Secretary-General and, if it finds it
necessary, a Vice Secretary-General and determine the terms of
appointment of each;
(iv) examine an annual report on the activities of the Union and
lay down the program for its future work;
(v) give to the Secretary-General all necessary directions for
the accomplishment of the tasks of the Union;
(vi) establish the administrative and financial regulations of
the Union;
(vii) examine and approve the budget of the Union and fix the
contribution of each member of the Union;
(viii) examine and approve the accounts presented by the
Secretary-General;
(ix) fix the date and place of the conferences referred to in
Article 38 and take the measures necessary for their preparation; and
(x) in general, take all necessary decisions to ensure the
efficient functioning of the Union.
(6) [Votes]
(a) Each member of the Union that is a State shall have one vote
in the Council.
(b) Any Contracting Party that is an intergovernmental
organization may, in matters within its competence, exercise the
rights to vote of its member States that are members of the Union.
Such an intergovernmental organization shall not exercise the rights
to vote of its member States if its member States exercise their right
to vote, and vice versa.
(7) [Majorities] Any decision of the Council shall require a
simple majority of the votes cast, provided that any decision of the
Council under paragraphs (5)(ii), (vi) and (vii), and under Articles
28(3), 29(5)(b) and 38(1) shall require three-fourths of the votes
cast. Abstentions shall not be considered as votes.
Article 27
The Office of the Union
(1) [Tasks and direction of the Office] The Office of the Union
shall carry out all the duties and tasks entrusted to it by the
Council. It shall be under the direction of the Secretary-General.
(2) [Duties of the Secretary-General] The Secretary-General shall
be responsible to the Council; he shall be responsible for carrying
out the decisions of the Council. He shall submit the budget of the
Union for the approval of the Council and shall be responsible for its
implementation. He shall make reports to the Council on his
administration and the activities and financial position of the Union.
(3) [Staff] Subject to the provisions of Article 26(5)(iii), the
conditions of appointment and employment of the staff necessary for
the efficient performance of the tasks of the Office of the Union
shall be fixed in the administrative and financial regulations.
Article 28
Languages
(1) [Languages of the Office] The English, French, German and
Spanish languages shall be used by the Office of the Union in carrying
out its duties.
(2) [Languages in certain meetings] Meetings of the Council and
of revision conferences shall be held in the four languages.
(3) [Further languages] The Council may decide that further
languages shall be used.
Article 29
Finances
(1) [Income] The expenses of the Union shall be met from
(i) the annual contributions of the States members of the Union,
(ii) payments received for services rendered,
(iii) miscellaneous receipts.
(2) [Contributions: units]
(a) The share of each State member of the Union in the total
amount of the annual contributions shall be determined by reference to
the total expenditure to be met from the contributions of the States
members of the Union and to the number of contribution units
applicable to it under paragraph (3). The said share shall be computed
according to paragraph (4).
(b) The number of contribution units shall be expressed in whole
numbers or fractions thereof, provided that no fraction shall be
smaller than one-fifth.
(3) [Contributions: share of each member]
(a) The number of contribution units applicable to any member of
the Union which is party to the Act of 1961/1972 or the Act of 1978 on
the date on which it becomes bound by this Convention shall be the
same as the number applicable to it immediately before the said date.
(b) Any other State member of the Union shall, on joining the
Union, indicate, in a declaration addressed to the Secretary-General,
the number of contribution units applicable to it.
(c) Any State member of the Union may, at any time, indicate, in
a declaration addressed to the Secretary-General, a number of
contribution units different from the number applicable to it under
subparagraph (a) or (b). Such declaration, if made during the first
six months of a calendar year, shall take effect from the beginning of
the subsequent calendar year; otherwise, it shall take effect from the
beginning of the second calendar year which follows the year in which
the declaration was made.
(4) [Contributions: computation of shares]
(a) For each budgetary period, the amount corresponding to one
contribution unit shall be obtained by dividing the total amount of
the expenditure to be met in that period from the contributions of the
States members of the Union by the total number of units applicable to
those States members of the Union.
(b) The amount of the contribution of each State member of the
Union shall be obtained by multiplying the amount corresponding to one
contribution unit by the number of contribution units applicable to
that State member of the Union.
(5) [Arrears in contributions]
(a) A State member of the Union which is in arrears in the
payment of its contributions may not, subject to subparagraph (b),
exercise its right to vote in the Council if the amount of its arrears
equals or exceeds the amount of the contribution due from it for the
preceding full year. The suspension of the right to vote shall not
relieve such State member of the Union of its obligations under this
Convention and shall not deprive it of any other rights thereunder.
(b) The Council may allow the said State member of the Union to
continue to exercise its right to vote if, and as long as, the Council
is satisfied that the delay in payment is due to exceptional and
unavoidable circumstances.
(6) [Auditing of the accounts] The auditing of the accounts of
the Union shall be effected by a State member of the Union as provided
in the administrative and financial regulations. Such State member of
the Union shall be designated, with its agreement, by the Council.
(7) [Contributions of intergovernmental organizations] Any
Contracting Party which is an intergovernmental organization shall not
be obliged to pay contributions. If, nevertheless, it chooses to pay
contributions, the provisions of paragraphs (1) to (4) shall be
applied accordingly.
Chapter IX. IMPLEMENTATION OF THE CONVENTION; OTHER AGREEMENTS
Article 30
Implementation of the Convention
(1) [Measures of implementation] Each Contracting Party shall
adopt all measures necessary for the implementation of this
Convention; in particular, it shall:
(i) provide for appropriate legal remedies for the effective
enforcement of breeders` rights;
(ii) maintain an authority entrusted with the task of granting
breeders` rights or entrust the said task to an authority maintained
by another Contracting Party;
(iii) ensure that the public is informed through the regular
publication of information concerning
- applications for and grants of breeders` rights, and
- proposed and approved denominations.
(2) [Conformity of laws] It shall be understood that, on
depositing its instrument of ratification, acceptance, approval or
accession, as the case may be, each State or intergovernmental
organization must be in a position, under its laws, to give effect to
the provisions of this Convention.
Article 31
Relations Between Contracting Parties and States Bound
by Earlier Acts
(1) [Relations between States bound by this Convention] Between
States members of the Union which are bound both by this Convention
and any earlier Act of the Convention, only this Convention shall
apply.
(2) [Possible relations with States not bound by this Convention]
Any State member of the Union not bound by this Convention may
declare, in a notification addressed to the Secretary-General, that,
in its relations with each member of the Union bound only by this
Convention, it will apply the latest Act by which it is bound. As from
the expiration of one month after the date of such notification and
until the State member of the Union making the declaration becomes
bound by this Convention, the said member of the Union shall apply the
latest Act by which it is bound in its relations with each of the
members of the Union bound only by this Convention, whereas the latter
shall apply this Convention in respect of the former.
Article 32
Special Agreements
Members of the Union reserve the right to conclude among
themselves special agreements for the protection of varieties, insofar
as such agreements do not contravene the provisions of this
Convention.
Chapter X. FINAL PROVISIONS
Article 33
Signature
This Convention shall be open for signature by any State which is
a member of the Union at the date of its adoption. It shall remain
open for signature until March 31, 1992.
Article 34
Ratification, Acceptance or Approval; Accession
(1) [States and certain intergovernmental organizations]
(a) Any State may, as provided in this Article, become party to
this Convention.
(b) Any intergovernmental organization may, as provided in this
Article, become party to this Convention if it
(i) has competence in respect of matters governed by this
Convention,
(ii) has its own legislation providing for the grant and
protection of breeders` rights binding on all its member States and
(iii) has been duly authorized, in accordance with its internal
procedures, to accede to this Convention.
(2) [Instrument of adherence] Any State which has signed this
Convention shall become party to this Convention by depositing an
instrument of ratification, acceptance or approval of this Convention.
Any State which has not signed this Convention and any
intergovernmental organization shall become party to this Convention
by depositing an instrument of accession to this Convention.
Instruments of ratification, acceptance, approval or accession shall
be deposited with the Secretary-General.
(3) [Advice of the Council] Any State which is not a member of
the Union and any intergovernmental organization shall, before
depositing its instrument of accession, ask the Council to advise it
in respect of the conformity of its laws with the provisions of this
Convention. If the decision embodying the advice is positive, the
instrument of accession may be deposited.
Article 35
Reservations
(1) [Principle] Subject to paragraph (2), no reservations to this
Convention are permitted.
(2) [Possible exception]
(a) Notwithstanding the provisions of Article 3(1), any State
which, at the time of becoming party to this Convention, is a party to
the Act of 1978 and which, as far as varieties reproduced asexually
are concerned, provides for protection by an industrial property title
other than a breeder`s right shall have the right to continue to do so
without applying this Convention to those varieties.
(b) Any State making use of the said right shall, at the time of
depositing its instrument of ratification, acceptance, approval or
accession, as the case may be, notify the Secretary-General
accordingly. The same State may, at any time, withdraw the said
notification.
Article 36
Communications Concerning Legislation and the Genera and
Species Protected; Information to be Published
(1) [Initial notification] When depositing its instrument of
ratification, acceptance or approval of or accession to this
Convention, as the case may be, any State or intergovernmental
organization shall notify the Secretary-General of
(i) its legislation governing breeder`s rights and
(ii) the list of plant genera and species to which, on the date
on which it will become bound by this Convention, it will apply the
provisions of this Convention.
(2) [Notification of changes] Each Contracting Party shall
promptly notify the Secretary-General of
(i) any changes in its legislation governing breeders` rights and
(ii) any extension of the application of this Convention to
additional plant genera and species.
(3) [Publication of the information] The Secretary-General shall,
on the basis of communications received from each Contracting Party
concerned, publish information on
(i) the legislation governing breeders` rights and any changes in
that legislation, and
(ii) the list of plant genera and species referred to in
paragraph (1)(ii) and any extension referred to in paragraph (2)(ii).
Article 37
Entry into Force; Closing of Earlier Acts
(1) [Initial entry into force] This Convention shall enter into
force one month after five States have deposited their instruments of
ratification, acceptance, approval or accession, as the case may be,
provided that at least three of the said instruments have been
deposited by States party to the Act of 1961/1972 or the Act of 1978.
(2) [Subsequent entry into force] Any State not covered by
paragraph (1) or any intergovernmental organization shall become bound
by this Convention one month after the date on which it has deposited
its instrument of ratification, acceptance, approval or accession, as
the case may be.
(3) [Closing of the 1978 Act] No instrument of accession to the
Act of 1978 may be deposited after the entry into force of this
Convention according to paragraph (1), except that any State that, in
conformity with the established practice of the General Assembly of
the United Nations, is regarded as a developing country may deposit
such an instrument until December 31, 1995, and that any other State
may deposit such an instrument until December 31, 1993, even if this
Convention enters into force before that date.
Article 38
Revision of the Convention
(1) [Conference] This Convention may be revised by a conference
of the members of the Union. The convocation of such conference shall
be decided by the Council.
(2) [Quorum and majority] The proceedings of a conference shall
be effective only if at least half of the States members of the Union
are represented at it. A majority of three-quarters of the States
members of the Union present and voting at the conference shall be
required for the adoption of any revision.
Article 39
Denunciation
(1) [Notifications] Any Contracting Party may denounce this
Convention by notification addressed to the Secretary-General. The
Secretary-General shall promptly notify all members of the Union of
the receipt of that notification.
(2) [Earlier Acts] Notification of the denunciation of this
Convention shall be deemed also to constitute notification of the
denunciation of any earlier Act by which the Contracting Party
denouncing this Convention is bound.
(3) [Effective date] The denunciation shall take effect at the
end of the calendar year following the year in which the notification
was received by the Secretary-General.
(4) [Acquired rights] The denunciation shall not affect any
rights acquired in a variety by reason of this Convention or any
earlier Act prior to the date on which the denunciation becomes
effective.
Article 40
Preservation of Existing Rights
This Convention shall not limit existing breeders` rights under
the laws of Contracting Parties or by reason of any earlier Act or any
agreement other than this Convention concluded between members of the
Union.
Article 41
Original and Official Texts of the Convention
(1) [Original] This Convention shall be signed in a single
original in the English, French and German languages, the French text
prevailing in case of any discrepancy among the various texts. The
original shall be deposited with the Secretary-General.
(2) [Official texts] The Secretary-General shall, after
consultation with the interested Governments, establish official texts
of this Convention in the Arabic, Dutch, Italian, Japanese and Spanish
languages and such other languages as the Council may designate.
Article 42
Depositary Functions
(1) [Transmittal of copies] The Secretary-General shall transmit
certified copies of this Convention to all States and
intergovernmental organizations which were represented in the
Diplomatic Conference that adopted this Convention and, on request, to
any other State or intergovernmental organization.
(2) [Registration] The Secretary-General shall register this
Convention with the Secretariat of the United Nations.
Resolution on Article 14(5)
The Diplomatic Conference for the Revision of the International
Convention for the Protection of New Varieties of Plants held from
March 4 to 19, 1991, requests the Secretary-General of UPOV to start
work immediately after the Conference on the establishment of draft
standard guidelines, for adoption by the Council of UPOV, on
essentially derived varieties.
Recommendation Relating to Article 15(2)
The Diplomatic Conference recommends that the provisions laid
down in Article 15(2) of the International Convention for the
Protection of New Varieties of Plants of December 2, 1961, as Revised
at Geneva on November 10, 1972, on October 23, 1978, and on March 19,
1991, should not be read so as to be intended to open the possibility
of extending the practice commonly called "farmer`s privilege" to
sectors of agricultural or horticultural production in which such a
privilege is not a common practice on the territory of the Contracting
Party concerned.
Common Statement Relating to Article 34
The Diplomatic Conference noted and accepted a declaration by the
Delegation of Denmark and a declaration by the Delegation of the
Netherlands according to which the Convention adopted by the
Diplomatic Conference will not, upon its ratification, acceptance,
approval or accession by Denmark or the Netherlands, be automatically
applicable, in the case of Denmark, in Greenland and the Faroe Islands
and, in the case of the Netherlands, in Aruba and the Netherlands
Antilles. The said Convention will only apply in the said territories
if and when Denmark or the Netherlands, as the case may be, expressly
so notifies the Secretary-General.Страницы: 1 2 |