Whereby The International Convention For The Protection Of New Varieties Of Plants, Upov From December 2, 1961, Revised At Geneva On November 10, 1972 And October 23, 1978 Approved

Original Language Title: Por la cual se aprueba el Convenio Internacional para la Protección de las Obtenciones Vegetales, UPOV del 2 de diciembre de 1961, revisado en Ginebra el 10 de noviembre de 1972 y el 23 de octubre de 1978

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243 OF 1995

(December 28)

Official Journal No. 42.171 of December 29, 1995

By means of which the International Convention for the Protection of Vegetable Varieties, UPOV, of 2 December 1961, revised in Geneva on 10 November 1972 and 23 October 1978, is approved.

Vigency Notes Summary
Effective Case-law

COLOMBIA CONGRESS

DECRETA:

Having regard to the text of the "International Convention for the Protection of Plants" of 2 December 1961 and 23 October 1978.

(To be transcribed: attached photocopy of the certified text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

The Contracting Parties.

Whereas the International Convention for the Protection of Vegetable Varieties of 2 December 1961, as amended by the Additional Act of 10 November 1972, has proved to be a valuable instrument for cooperation International law on the protection of the rights of breeders:

reaffirming the principles contained in the Preamble of the Convention, according to which:

(a) They are convinced of the importance of protecting plant varieties, both for the development of agriculture in their territory and for the safeguarding of the interests of the breeders;

b) They are aware of the special problems that the recognition and protection of the right of the breeder represents and especially the limitations that may impose on the free exercise of such right the requirements of the public interest;

c) Consider that it is highly desirable that these problems, to which many States grant legitimate importance, be resolved by each of them in accordance with uniform and clearly defined principles.

Whereas the concept of the protection of the rights of the breeders has acquired great importance in many States which have not yet acceded to the Convention.

Whereas certain amendments to the Convention are necessary to facilitate the accession of those States to the Union.

Whereas certain provisions on the administration of the Union created by the Convention should be amended in the light of experience.

Whereas the best way to achieve these goals is to review the Convention again,

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ARTICLE 1o. SUBJECT OF THE CONVENTION-THE ESTABLISHMENT OF A UNION; HQ OF THE UNION.

1. The purpose of this Convention is to recognise and to guarantee a right to the breeder of a new plant variety or to its successor in title (hereinafter referred to as 'the breeder') under the conditions set out below.

2. The States party to this Convention (hereinafter referred to as 'the States of the Union') are a Union for the Protection of Vegetable Varieties.

3. The seat of the Union and its permanent bodies is established in Geneva.

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ARTICLE 2o. PROTECTION FORMES.

1. Each State of the Union may recognise the right of the breeder provided for by this Convention by granting the title of special protection or a patent. However, any State of the Union, whose national legislation allows protection in both forms, shall apply only one of them to the same genus or to a botanical species.

2. Each State of the Union may limit the application of this Convention, within a genus or a species, to varieties which have a particular system of reproduction or multiplication or some final use.

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ARTICLE 3o. NATIONAL TREATMENT-RECIPROCITY.

1. Natural and legal persons with their domicile or residence in one of the States of the Union shall enjoy in the other States of the Union, in respect of the recognition and protection of the right to attend, the treatment of the laws of the Union. of such States grant or grant to their nationals, without prejudice to the rights in particular provided for in this Convention and subject to the conditions and formalities imposed on nationals.

2. Nationals of States of the Union who do not have an address or residence in one of those States shall also enjoy the same rights, provided that they satisfy the obligations imposed on them with a view to allowing the examination of the the varieties they have obtained, as well as the control of their multiplication.

3. Without prejudice to paragraphs 1 and 2, any State of the Union which applies this Convention to a particular genus or species shall have the power to limit the benefit of the protection to nationals of the State of the Union. applies the Convention to that genus or species and to natural and legal persons with domicile or residence in one of those States.

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ARTICLE 4. GENERA AND BOTANICAL SPECIES THAT MUST OR MAY BE PROTECTED.

1. This Convention applies to all types of botanicals and genera.

2. The States of the Union undertake to take all necessary measures to progressively apply the provisions of this Convention to as many genera and botanical species as possible.

3. (a) At the entry into force of this Convention in its territory, each State of the Union shall apply the provisions of the Convention to at least five genera or species;

(b) Each State of the Union shall then apply those provisions to other genera or species, within the following time limits from the entry into force of this Convention in its territory:

i) Within three years, to ten genera or species in total at least;

(ii) Within six years, to eighteen genera or species in total at least;

iii) Within eight years, twenty-four genera or species in total at least;

(c) Where a State of the Union limits the application of this Convention within a genus or a species, in accordance with Article 2.2, that genus or species shall, however, be regarded as a genus or a species to the the effects of paragraphs (a) and (b).

4. Upon request of a State which intends to ratify, accept or approve this Convention or accede to it, in order to take account of the special economic or ecological conditions of that State, the Council may decide, in favour of of that State, to reduce the minimum numbers provided for in paragraph 3, to extend the time limits laid down in that subparagraph, or both.

5. Upon request of a State of the Union, in order to take account of the special difficulties encountered by that State in fulfilling the obligations laid down in paragraph 3 (b), the Council may decide, in favour of that State, to extend the time limits provided for in paragraph 3 (b).

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ARTICLE 5o. PROTECTED RIGHTS-SCOPE OF PROTECTION.

1. The right granted to the breeder shall have the effect of submitting prior authorization.

-Production for commercial purposes.

-The put up for sale.

-The marketing of propagating material or vegetative propagation material, in its capacity as such, of the variety.

Vegetative propagation material encompasses entire plants. The breeder's right extends to ornamental plants or parts of such plants which are normally placed on the market for purposes other than multiplication, in the case where they are commercially used as propagating material. with a view to the production of ornamental plants or cut flowers.

2. The breeder may make his authorization subject to conditions defined by him.

3. The approval of the breeder shall not be necessary to use the variety as an initial source of variation for the creation of other varieties or for the marketing of the variety. However, such authorization shall be required where repeated use of the variety is necessary for the commercial production of another variety.

4. Each State of the Union, either in its own legislation or in special agreements such as those referred to in Article 29, may grant to the breeder, for certain genera or botanical species, a wider right than that defined in Article 29. in paragraph 1 of this Article, which may be extended in particular to the marketed product. A State of the Union granting such a right shall have the power to limit its benefit to nationals of the States of the Union who grant an identical right, as well as to natural or legal persons with a domicile or residence in one of the Member States. those States.

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ARTICLE 6o. CONDITIONS REQUIRED TO BENEFIT FROM PROTECTION.

1. The breeder shall enjoy the protection provided for in this Convention where the following conditions are met:

(a) Whatever the origin, artificial or natural, of the initial variation that has given rise to the variety, it must be clearly distinguished by one or more important characters of any other variety, the existence of which is notoriously known at the time the protection is requested. This reputation may be established by reference to a number of references, such as cultivation or marketing already in progress, registration made or pending in an official register of varieties, presence in a reference collection or a precise description in a publication. Characters that allow to define and distinguish a variety must be able to be recognized and accurately described;

(b) On the date of filing of the application for protection in a State of the Union, the variety;

i) It must not have been offered for sale or marketed, with the consent of the breeder, in the territory of that State-or, if the legislation of that State provides for it, not having been for more than one year-, and

(ii) must not have been offered for sale or marketed in the territory of any other State, with the consent of the breeder, for an earlier period of more than six years in the case of vines, forest trees, fruit trees and ornamental trees, including, in each case, their rootstock, or for a previous period of more than four years in the case of other plants.

Any test of the variety that does not contain a sale or a marketing offer does not preclude the right to protection. The fact that the variety has been made known by means other than the offer of sale or the marketing does not preclude the right of the breeder to the protection;

(c) The variety shall be sufficiently homogeneous, taking into account the particularities of its sexed reproduction or vegetative propagation;

(d) The variety must be stable in its essential characters, that is to say, it must remain in conformity with its definition after reproductions or successive multiplications or, when the breeder has defined a particular cycle of reproductions or multiplications, at the end of each cycle;

e) The variety shall be given a name in accordance with Article 13.

2. The granting of protection may only depend on the conditions referred to above, provided that the breeder has satisfied the formalities provided for by the national legislation of the State of the Union in which the application for a protection, including the payment of fees.

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ARTICLE 7o. OFFICIAL EXAMINATION OF VARIETIES-PROVISIONAL PROTECTION.

1. Protection shall be granted after an examination of the variety on the basis of the criteria laid down in Article 6. That examination shall be appropriate for each botanical genus or species.

2. In the light of that examination, the competent authorities of each State of the Union may require all the necessary documents, information, plants or seeds from the breeder.

3. Any State of the Union may take measures to defend the breeder against abusive manoeuvres of third parties which may occur during the period between the submission of the application and the relevant decision.

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ARTICLE 8o. DURATION OF PROTECTION. The right granted to the breeder has a limited duration. This may not be less than 15 years from the date of the granting of the protection title. For vines, forest trees, fruit trees and ornamental trees, including, in each case, their rootstock, the duration of protection shall not be less than 18 years from that date.

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ARTICLE 9o. LIMITATION OF THE EXERCISE OF PROTECTED RIGHTS.

1. The free exercise of the exclusive right granted to the breeder may be limited only for reasons of public interest.

2. Where such a limitation takes place to ensure the spread of the variety, the State of the Union concerned shall take all necessary measures to ensure that the breeder receives an equitable remuneration.

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ARTICLE 10. NULLITY AND EXPIRATION OF PROTECTED RIGHTS.

1. The right of the breeder, in accordance with the provisions of the national legislation of each State of the Union, shall be declared void if the conditions laid down in Article 6.1 (a) and (b) are found not to have been fulfilled in the the time of the granting of the protection title.

2. The breeder who is not in a position to submit to the competent authority the propagating or propagating material which allows the variety to be obtained with its characters, as defined at the time in the case, shall be deprived of his right. that the protection was granted.

3. The breeder may be deprived of his/her right:

(a) Not present to the competent authority, within a specified time limit and after having been required for that purpose, the propagating or propagating material, the estimated documents and information necessary for the control of the variety, or allow the inspection of the measures taken for the conservation of the variety;

(b) You have not paid within the time limits determined the fees payable, if any, for the maintenance in force of your rights.

4. The right of the breeder may not be cancelled or he may be deprived of his right for reasons other than those referred to in this Article.

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ARTICLE 11. FREE CHOICE OF THE STATE OF THE UNION IN WHICH THE FIRST APPLICATION IS SUBMITTED; APPLICATIONS IN OTHER STATES OF THE UNION; INDEPENDENCE OF PROTECTION IN DIFFERENT STATES OF THE UNION.

1. The breeder shall have the power to choose the State of the Union in which he wishes to make his first application for protection.

2. The breeder may apply for the protection of his right in other States of the Union, without waiting for a degree of protection granted by the State of the Union in which the first application is made.

3. The protection requested in different States of the Union by natural or legal persons admitted under the benefit of this Convention shall be independent of the protection obtained for the same variety in other States, even if not belongs to the Union.

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ARTICLE 12. RIGHT OF PRIORITY.

1. The breeder who has submitted a request for protection on a regular basis in one of the States of the Union shall have a right of priority for a period of 12 months in order to make the presentation in the other States of the Union. This period shall be calculated from the date of submission of the first application. It shall not be understood on the day of the submission.

2. In order to benefit from the provisions of paragraph 1, the new filing shall include a request for protection, the claim of the priority of the first application and, within three months, a copy of the documents constituting that application. application, certified by the administration that received it.

3. The breeder shall have a period of four years, after the expiry of the period of priority, to supply the State of the Union in which he has lodged a request for protection under the conditions laid down in paragraph 2 of this Article. supplementary, the material required by the laws and regulations of that State. However, this State may, within an appropriate time limit, require the supply of supplementary and material documents, if the application the priority of which is claimed has been rejected or withdrawn.

4. They do not object to the presentation made under the above conditions of the facts within the time limit set out in this paragraph 1, such as another presentation, the publication of the subject matter of the application or its exploitation. Such facts may not be the origin of any rights for the benefit of third parties or any personal possession.

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ARTICLE 13. VARIETY DENOMINATION.

1. The variety shall be designated by a designation intended to be its generic designation. Each State of the Union shall ensure that, without prejudice to the provisions of paragraph 4, no right relating to the designation registered as a denomination of the variety shall impede the free use of the denomination in relation to the variety, even after the expiry of the protection.

2. The name must allow the variety to be identified. It shall not consist solely of figures except where it is a practice for the designation of varieties. It shall not be liable to mislead or to give rise to confusion as to the characteristics, value or identity of the variety or the identity of the breeder. In particular, it shall be different from any name designating, in any of the States of the Union, a pre-existing variety of the same botanical species or of a similar species.

3. The name of the variety shall be deposited by the breeder in the service provided for in Article 30 (1) (b). If it is found that the name does not meet the requirements of paragraph 2, the service shall refuse registration and require the breeder to propose another name within a specified time limit. The name shall be registered at the same time as the protection title is granted in accordance with the provisions of Article 7o.

4. It shall not be against the earlier rights of third parties. If, under an earlier right, the use of the denomination of a variety is prohibited to a person who, in accordance with the provisions of paragraph 7, is obliged to use it, the service provided for in Article 30.1 (b) shall require that the breeder proposes another denomination for the variety.

5. A variety may be deposited only in the States of the Union under the same name. The service provided for in Article 30.1 (b) shall be obliged to register the name so deposited, unless it establishes the inconvenience of that name in its State. In that case, it may require the breeder to propose another name.

6. The service provided for in Article 30.1 (b) shall ensure that the information relating to the names of varieties, in particular the deposit, registration and cancellation of names, is communicated to the other services. Any service provided for in Article 30.1 (b) may transmit its observations on the registration of a name to the service which has communicated it.

7. The name of the person who, in one of the States of the Union, is to be put up for sale or for the marketing of propagating material or vegetative propagation of a variety protected in that State, shall be required to use the name of that variety. variety, even after the expiry of the protection of that variety, provided that, in accordance with the provisions of paragraph 4, they do not object to that use.

8. Where a variety is offered for sale or marketed, it shall be permitted to associate a trade mark or trade mark, a trade name or an indication similar to the registered name of the variety. If such an indication is associated in this way, the name must, however, be easily recognizable.

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ARTICLE 14. INDEPENDENT PROTECTION OF THE REGULATORY MEASURES FOR PROTECTION, CERTIFICATION AND MARKETING.

1. The right to be recognised as a breeder under the provisions of this Convention is independent of the measures taken in each State of the Union to regulate the production, certification and marketing of seeds and plants.

2. However, these measures must, as far as possible, prevent the application of the provisions of this Convention from being applied.

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ARTICLE 15. ORGANOS OF THE UNION. The permanent organs of the Union are:

a) The Council;

b) The General Secretariat, called the Office of the International Union for the Protection of Plants.

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ARTICLE 16. COUNCIL COMPOSITION-NUMBER OF VOTES.

1. The Council shall be composed of representatives of the States of the Union. Each State of the Union shall appoint a representative in the Council and an alternate.

2. Representatives or alternates may be accompanied by a deputy or a member.

3. Each State of the Union shall have one vote in the Council.

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ARTICLE 17. ADMISSION OF OBSERVERS TO COUNCIL MEETINGS.

1. The non-member States of the Union, which are signatories to this Act, shall be invited to the meetings of the Council as observers.

2. Other observers or experts may also be invited to such meetings.

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ARTICLE 18. PRESIDENT AND VICE-PRESIDENT OF THE COUNCIL.

1. The Council shall elect a President and a First Vice-President from among its members. Other Vice-Presidents may be elected. The Vice-President shall first replace the President in case of absence.

2. The President's term of office shall be three years.

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ARTICLE 19. COUNCIL SESIONS.

1. The Council shall meet at the invitation of its President.

2. It will hold an ordinary session once a year. In addition, the President may bring the Council together on his own initiative; he shall meet within three months at the request of at least one third of the States of the Union.

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ARTICLE 20. COUNCIL REGULATION-ADMINISTRATIVE AND FINANCIAL RULES OF THE UNION. The Council shall establish its Rules of Procedure and the Administrative and Financial Regulation of the Union.

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ARTICLE 21. POWERS OF THE COUNCIL. The powers of the Council shall be as follows:

(a) Study appropriate measures to ensure the safeguarding of the Union and promote its development;

b) Appoint the Secretary-General and, if deemed necessary, the Deputy Secretary-General; fix the conditions for his appointment;

(c) Examine the Union's annual activity report and develop the programme of its future work;

(d) Give the Secretary-General, whose powers are set out in Article 23, all the necessary guidelines for the performance of the tasks of the Union

(e) Examine and approve the Union budget and, in accordance with Article 26, set the contribution in each State of the Union;

f) Browse and approve the accounts presented by the Secretary General;

g) To fix, in accordance with the provisions of Article 27, the date and place of the conferences provided for in that Article and to take the necessary steps to prepare them;

(h) In general, take all the necessary decisions for the proper functioning of the Union.

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ARTICLE 22. MAJORITIES REQUIRED FOR COUNCIL DECISIONS. Any decision of the Council shall be adopted by a simple majority of the members present and voting; however, any decision of the Council pursuant to Articles 4.4 20, 21 e), 26.5. (b), 27.1, 28.3 or 32.3 shall be adopted by a majority of three quarters of the members present and voting. Abstention shall not be considered as voting.

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ARTICLE 23. POWERS OF THE UNION OFFICE-RESPONSIBILITIES OF THE SECRETARY-GENERAL; APPOINTMENT OF OFFICIALS.

1. The Office of the Union shall implement all the powers conferred on it by the Council. It shall be headed by the Secretary-General.

2. The Secretary-General shall be accountable to the Council; he shall ensure that the decisions of the Council are implemented. It shall submit the budget to the Council for approval and ensure its implementation. It shall report annually to the Council on its management and submit a report on the activities and financial situation of the Union.

Without prejudice to Article 21 (b), the conditions for the appointment and employment of staff members necessary for the proper functioning of the office of the Union shall be laid down in the Administrative and Financial Regulation. provided for in Article 20.

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ARTICLE 24. LEGAL STATUS.

1. The Union shall have legal personality.

2. In the territory of each State of the Union, and in accordance with the laws of that State, the Union shall have the necessary legal capacity to achieve its objectives and to perform its tasks.

3. The Union shall enter into a host agreement with the Swiss Confederation.

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ARTICLE 25. VERIFICATION OF ACCOUNTS. The verification of the accounts of the Union shall be ensured by a State of the Union, in accordance with the procedures laid down in the Administrative and Financial Regulation referred to in Article 20. This State shall be designated in Article 20. That will be designated by the Council, with its consent.

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ARTICLE 26. FINANCE.

1. The Union expenditure shall be covered by:

-For the annual contributions of the States of the Union.

-For the compensation of service delivery.

-By miscellaneous revenue.

2. (a) The share of each State of the Union in the total annual contributions shall be determined by reference to the total amount of expenditure to be covered by contributions from the States of the Union and to the number of contribution units which are applicable pursuant to paragraph 3. That part shall be calculated in accordance with the provisions of paragraph 4.

(b) In the number of units of contribution, it shall be expressed in whole numbers or in units of unit, provided that this number is not less than one fifth.

3. (a) With regard to any State which is a party to the Union on the date of entry into force of this Act in respect of that State, the same number of contribution units shall apply to it as it was applicable immediately before the date of entry into force of this Act. that date, pursuant to the 1961 Convention as amended by the Additional Act of 1972;

(b) As regards any other State, at the time of its accession to the Union, it shall indicate the number of units of contribution applicable to it by means of a statement addressed to the Secretary-General;

(c) Any State of the Union may, at any time, indicate by means of a statement addressed to the Secretary-General a number of units of contribution other than that applicable under paragraphs (a) or (b) above. If the declaration is made during the first six months of the calendar year, the same shall take effect at the beginning of the following calendar year; otherwise, it shall have effect at the beginning of the second calendar year following the year in which the declaration was made. statement.

4. (a) For each financial year, the amount of a contribution unit shall be equal to the total amount of the expenditure to be covered during that financial year by contributions from the States of the Union divided by the total number of units applicable to those States;

(b) The amount of the contribution of each State of the Union shall be equal to the amount of a contribution unit multiplied by the number of units applicable to that State.

5. (a) A State of the Union which is late in payment of its contributions may not exercise its right to vote in the Council-without prejudice to the provisions of paragraph (b)-if the amount of its delay is equal to or greater than that of the contributions to the the last two full years. The suspension of the right to vote shall not release that State from its obligations and shall not deprive it of the other rights arising from this Convention;

(b) The Council may authorise that State to retain the exercise of its right to vote as long as it considers that the delay is due to exceptional and unavoidable circumstances.

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ARTICLE 27. CONVENTION REVIEW.

1. This Convention may be reviewed by a Conference of States of the Union. The convening of such a conference will be decided by the Council.

2. The conference will only be valid if at least half of the Member States of the Union are represented. In order to be adopted, the revised text of the Convention will have a majority of five sixes from the States of the Union represented at the Conference.

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ARTICLE 28. LANGUAGES USED BY THE OFFICE AND IN COUNCIL MEETINGS.

1. The Office of the Union shall use the German, French and English languages in the performance of its tasks.

2. Meetings of the Council as well as review conferences will be held in these three languages.

3. Where necessary, the Council may decide to use other languages.

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ARTICLE 29. SPECIAL ARRANGEMENTS FOR THE PROTECTION OF PLANT VARIETY. The Member States of the Union reserve the right to conclude special agreements between them for the protection of plant variety rights, provided that such agreements do not contravene the provisions of this Convention.

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ARTICLE 30. IMPLEMENTATION OF THE CONVENTION AT NATIONAL LEVEL; SPECIAL ARRANGEMENTS FOR THE COMMON USE OF THE SERVICES RESPONSIBLE FOR THE EXAMINATION.

1. Each State of the Union shall take all measures necessary for the implementation of this Convention and in particular:

(a) Prevent appropriate legal remedies to enable the effective defense of the rights provided for in this Convention;

(b) It shall establish a special service for the protection of plant variety rights or provide an existing service of such protection;

(c) Ensure that the information relating to this protection is communicated to the public and at least the periodic publication of the list of protected titles.

2. Special agreements may be concluded between the competent services of the Member States of the Union for the common use of services responsible for examining the varieties referred to in Article 7o and collecting collections. and required reference documents.

3. It is understood that at the time of the deposit of its instrument of ratification, acceptance, approval or accession, each State shall be in a position to give effect to the provisions of this Convention, in accordance with its legislation internal.

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ARTICLE 31. FIRMA. This Act shall be open to the signature of any State of the Union and any other State represented in the Diplomatic Conference which adopted this Act. It shall be open for signature until 31 October 1979.

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ARTICLE 32. RATIFICATION, ACCEPTANCE OR APPROVAL-ACCESSION.

1. Any State shall express its consent to be bound by this Act by deposit:

(a) An instrument of ratification, acceptance or approval, if it has signed this Act;

(b) Of an instrument of accession, if it has not signed this Act.

2. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General.

3. Any State which is not a Member of the Union and which has not signed this Act before depositing its instrument of accession shall request the opinion of the Council on the conformity of its legislation with the provisions of this Act. If the decision making an opinion is positive, the instrument of accession may be deposited.

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ARTICLE 33. ENTRY INTO FORCE-INABILITY TO ADHERE TO PREVIOUS TEXTS.

1. This Act shall enter into force one month after the following two conditions have been met:

(a) The number of instruments of ratification, acceptance, approval or accession deposited is five, at least;

b) At least three of these instruments have been deposited by States Parties to the 1961 Convention.

2. For any other State which deposits its instrument of ratification, acceptance, approval or accession after the conditions laid down in paragraph 1 (a) and (b) have been fulfilled, this Act shall enter into force one month after the date of the entry into force of this Agreement. deposit of your instrument.

3. After the entry into force of this Act in accordance with the provisions of paragraph 1, no State may accede to the 1961 Convention as amended by the Additional Act of 1972.

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ARTICLE 34. RELATIONSHIPS BETWEEN STATES BOUND BY DIFFERENT TEXTS.

1. Any State of the Union which, on the date of entry into force of this Act, is bound by the 1961 Convention as amended by the Additional Act of 1972, shall continue to apply in its relations with any other State of the Union not bound by this Act, the said Convention as amended by the said Additional Act until this Act enters into force with respect to that other State.

2. Any State of the Union not bound by this Act the first State may, by means of a notification addressed to the Secretary-General, declare that it shall apply the 1961 Convention as amended by the 1972 Additional Act in its relations with any other Member State. State bound by this Act to become a member of the Union, by ratifying, accepting or approving this Act or by adhering to it the second State. After the expiry of the period of one month from the date of such notification and until the entry into force of this Act in its respect, the first State shall apply the 1961 Convention as amended by the 1972 Additional Act in its relations with the Second, it will apply this Act in its relations with the first State.

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ARTICLE 35. COMMUNICATIONS RELATING TO PROTECTED GENERA AND SPECIES; INFORMATION TO BE PUBLISHED.

1. At the time of deposit of its instrument of ratification, acceptance or approval of this Act or of accession thereto, each State which is no longer a member of the Union shall notify the Secretary-General of the list of the genera and species to which the apply the provisions of this Convention at the time of the entry into force of this Act in their respect.

2. On the basis of communications received from the State of the Union concerned, the Secretary-General shall publish information on:

(a) Any extension of the application of the provisions of this Convention to other genera and species after the entry into force of this Act in their respect;

(b) Any use of the power provided for in Article 3.3; Article 4.4 or Article 5

(c) The use of any power granted by the Council pursuant to Article 4 (4) or (5)

(d) Any use of the power provided for in the first sentence of Article 5.4, specifying the nature of the wider rights and specifying the genera and species to which those rights apply;

e) Any use of the faculty provided for in the second sentence of Article 5.4;

(f) The fact that the law of that State contains a provision permitted under Article 6.1 (b) (i) and the duration of the period granted;

(g) The duration of the period referred to in Article 8o, if that period is more than 15 years, or 18, as the case may be, provided for in that Article.

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ARTICLE 36. TERRITORIES.

1. Any State may declare in its instrument of ratification, acceptance, approval or accession, or may inform the Secretary-General, by writing at any later time, that this Act applies to all or part of the territories designated in the declaration or notification.

2. Any State which has made such a declaration or such notification may notify the Secretary-General, at any time, that this Act ceases to be applicable in all or part of those territories.

3. (a) Any statement made pursuant to paragraph 1 shall take effect on the same date as the ratification, acceptance, approval or accession on which the instrument has been included, and any notification under that paragraph shall take effect three months after notification by the Secretary-General;

(b) Any notification made pursuant to paragraph 2 shall take effect 12 months after its receipt by the Secretary-General.

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ARTICLE 37. REPEAL FOR PROTECTION UNDER TWO FORMS.

1. Without prejudice to Article 2.1, any State which, before the expiry of the period during which this Act is open for signature, provides for protection under the various forms referred to in Article 2.1 for the same purpose. (a) it may continue to provide for it if, at the time of signature of this Act or the submission of its instrument of ratification, acceptance or approval of this Act or of accession thereto, it notifies the Secretary-General.

2. If, in a State of the Union to which paragraph 1 applies, protection under patent law is sought, that State may, without prejudice to the provisions of Article 6.1 (a) and (b) and Article 8, apply the patentability and the duration of the protection of patent law to protected varieties under that law.

3. That State may notify the Secretary-General, at any time, of the withdrawal of its notification made in accordance with paragraph 1. Such withdrawal shall take effect on the date indicated by that State in its notification of withdrawal.

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ARTICLE 38. TRANSITIONAL LIMITATION OF THE REQUIREMENT OF NOVELTY. Without prejudice to the provisions of Article 6, any State of the Union shall have the power, without any obligation for the other States of the Union, to limit the requirement of novelty provided for in the abovementioned Article, with regard to the newly created varieties existing at the time when the said State applies for the first time the provisions of this Convention to the genus or species to which the These varieties belong to.

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ARTICLE 39. MAINTENANCE OF ACQUIRED RIGHTS. This Convention shall not in any way prejudice the rights acquired under national legislation of the States of the Union or as a result of agreements concluded between those States. States.

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ARTICLE 40. RESERVATIONS. No reservation shall be admissible to this Convention.

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ARTICLE 41. DURATION AND DENUNCIATION OF THE CONVENTION.

1. This Convention is concluded without limitation of duration.

2. Any State of the Union may denounce this Convention by means of a notification addressed to the Secretary-General. The Secretary-General shall notify without delay the receipt of that notification to all States of the Union.

3. The denunciation shall take effect at the end of the calendar year following that in which the Secretary-General's notification was received.

4. The complaint shall not in any way prejudice the rights acquired in respect of a variety under this Convention before the date on which the complaint takes effect.

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ARTICLE 42. LANGUAGES, DEPOSITARY FUNCTIONS.

1. This Act is signed in an original copy in the French, English and German languages, the French text being considered authentic in the case of differences between the texts. That copy shall be deposited with the Secretary-General.

2. The Secretary-General shall transmit two certified copies of this Act to the Governments of the States represented at the Diplomatic Conference which adopted it and to the Government of any other State which so requests.

3. After consultation with the governments of the States concerned which are represented at that Conference, the Secretary-General shall establish official texts in Arabic, Spanish, Italian, Japanese and Dutch and in the other languages which the Council may designate.

4. The Secretary-General shall register this Act with the Secretariat of the United Nations.

5. The Secretary-General shall notify the governments of the States of the Union and of the States which, without being members of the Union, were represented at the Diplomatic Conference which adopted this Act, the signatures of this Act, the deposit of the instruments of ratification, acceptance, approval or accession, any notification received under Articles 34.2, 36.1 or 2, 37.1 or 3 or 41.2 and any declaration made pursuant to Article 36.1.

Certificate that the preceding text is a faithful copy of the text

Spanish officer of the International Convention for Protection

of the Vegetable Varieties of December 2, 1961,

revised in Geneva on November 10, 1972

and October 23, 1978.

The Secretary General,

ARPAD BOGSCH.

INTERNATIONAL UNION FOR THE PROTECTION OF PLANT-BASED PRODUCTS

Geneva, 9 February 1995.

The undersigned Head of the Legal Office

of the Foreign Ministry.

NOTES:

That the present is faithful photocopy taken from the certified text of the " International Convention for the Protection of Vegetable Varieties, UPOV, of December 2, 1961. Reviewed in Geneva on 10 November 1972 and 23 October 1978, which is based on the archives of the Legal Office of this Ministry.

Dada en Santafe de Bogota, D.C., a los quince (15) dias

of the month of May thousand nine hundred and ninety-five (1995).

the Chief Legal Officer,

HECTOR ADOLFO SINTURA VARELA.

Executive Branch of the Public Power-Presidency of the Republic

Santafe de Bogota, D.C.

Approved. Submit to the Consideration of the Honourable

National Congress for Constitutional Effects,

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(Fdo.) RODRIGO PARDO GARCIA-PENA.

DECRETA:

ARTICLE 1A. Approve the "International Convention for the Protection of Plant Varieties" of 2 December 1961. Revised in Geneva on 10 November 1972 and 23 October 1978.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. of 1944, the International Convention for the Protection of Plants of Plants, of 2 December 1961. Revised in Geneva on 10 November 1972 and on 23 October 1978, as provided for in Article 1. of this Law is approved, will force the country from the date on which the international link with respect to the same.

ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post,

execute previous Constitutional Court review,

pursuant to article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., at December 28, 1995.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Economic Development, in charge of the functions

from the Foreign Trade Minister's Office,

RODRIGO MARIN BERNAL.

The Minister of Agriculture and Rural Development,

GUSTAVO CASTRO GUERRERO.

The Minister of the Environment,

CECILIA LOPEZ MONTANO.

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