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
LIST OF ARTICLES
Chapter I: Definitions
Article 1: Definitions
Chapter II: General
Obligations of the Contracting Parties
Article 2: Basic
Obligation of the Contracting Parties
Article 3: Genera
and Species to be Protected
Article 4: National
Treatment
Chapter III: Conditions for
the Grant of the Breeder’s Right
Article 5: Conditions
of Protection
Article 6: Novelty
Article 7: Distinctness
Article 8: Uniformity
Article 9: Stability
Chapter IV: Application for
the Grant of the Breeder’s Right
Article 10: Filing
of Applications
Article 11: Right
of Priority
Article 12: Examination
of the Application
Article 13: Provisional
Protection
Chapter V: The Rights of the
Breeder
Article 14: Scope
of the Breeder’s Right
Article 15: Exceptions
to the Breeder’s Right
Article 16: Exhaustion
of the Breeder’s Right
Article 17: Restrictions
on the Exercise of the Breeder’s Right
Article 18: Measures
Regulating Commerce
Article 19: Duration
of the Breeder’s Right
Chapter VI: Variety
Denomination
Article 20: Variety
Denomination
Chapter VII: Nullity and
Cancellation of the Breeder’s Right
Article 21: Nullity
of the Breeder’s Right
Article 22: Cancellation
of the Breeder’s Right
Chapter VIII: The Union
Article 23: Members
Article 24: Legal
Status and Seat
Article 25: Organs
Article 26: The
Council
Article 27: The
Office of the Union
Article 28: Languages
Article 29: Finances
Chapter IX: Implementation of
the Convention; Other Agreements
Article 30: Implementation
of the Convention
Article 31: Relations
Between Contracting Parties and States Bound by Earlier Acts
Article 32: Special
Agreements
Chapter X: Final Provisions
Article 33: Signature
Article 34: Ratification,
Acceptance or Approval; Accession
Article 35: Reservations
Article
36: Communications
Concerning Legislation and the Genera and Species Protected; Information to be Published
Article 37: Entry
into Force; Closing of Earlier
Acts
Article 38: Revision
of the Convention
Article 39: Denunciation
Article 40: Preservation
of Existing Rights
Article 41: Original
and Official Texts of the Convention
Article 42: Depositary
Functions
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 programme 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.