1995 (December 28)
Official Gazette No. 42,171 of December 29, 1995
Through which the International Convention for the Protection of New Varieties of Plants, UPOV, 2 approved December 1961, revised in Geneva on 10 November 1972 and 23 October 1978. Summary
Term Notes Effective Jurisprudence
THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "International Convention for the Protection of New Varieties of Plants", of 2 December 1961 and 23 October 1978.
( to be transliterated: photocopy of the text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs) is attached.
Whereas 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, has proved a valuable instrument for international cooperation on protection of the right breeders:
Reaffirming the principles contained in the Preamble to the Convention, according to which:
a) they are convinced of the importance of protection of plant varieties, both for the development of agriculture in its territory as for safeguarding the interests of breeders;
B) are aware of the special problems posed recognition and protection of breeders' rights and especially the limitations be imposed on the free exercise of this right demands of the public interest;
C) consider it highly desirable that these problems, which many States attach importance legitimate, be resolved by each of them in accordance with uniform and clearly defined principles.
Whereas the concept of protection of the rights of breeders has gained great importance in many States that have not yet acceded to the Convention.
Whereas certain amendments to the Convention are required 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
agreed as follows: ARTICLE 1o
. PURPOSE OF THE AGREEMENT - Establishment of a Union; SEAT OF THE UNION.
1. This Convention aims to recognize and guarantee a right to the breeder of a new plant variety or his successor in title (hereinafter designated by the term "breeder") under the conditions defined below.
2. States Parties to this Convention (hereinafter "States of the Union") constitute a Union for the Protection of New Varieties of Plants.
3. The headquarters of the Union and its permanent organs shall be at Geneva.
. FORMS OF PROTECTION.
1. Each State of the Union may recognize the right of the breeder provided by this Convention by granting the title of protection or of a patent. However, any State of the Union whose national law admits of protection under both these forms may only apply one to the same genus or one botanical species.
2. Each State of the Union may limit the application of this Convention within a genus or species; to varieties with a particular manner of propagating or certain end-use.
ARTICLE 3. NATIONAL TREATMENT - RECIPROCITY.
1. Natural and legal persons domiciled or resident in one of the States of the Union shall enjoy in the other states of the Union, as the recognition and protection of the right to attend is concerned, the treatment of the respective laws of those States providing or will provide to their nationals, without prejudice to the rights specially provided for in this Convention and provided to meet the conditions and formalities imposed on nationals.
2. Nationals of the States of the Union who are not domiciled or resident in one of these States, shall enjoy the same rights, provided to meet the obligations that may be imposed on them in order to allow examination of the varieties have obtained, and control their multiplication.
3. Notwithstanding paragraphs 1 and 2, any State of the Union to implement this Convention to a genus or particular species will have the option to limit the benefit of protection to nationals of the State of the Union to implement agreement to that genus or species and natural and legal persons domiciled or resident in one of those States.
ARTICLE 4. BOTANICAL GENERA AND SPECIES TO BE OR CAN BE PROTECTED.
1. This Convention applies to all botanical genera and species.
2. States of the Union undertake to adopt all measures necessary to progressively implement the provisions of this Convention to the largest possible number of botanical genera and species measures.
3. a) Upon entry into force of this Convention in its territory, each State of the Union shall apply the provisions of the Convention to five genera or species at least;
B) Each State of the Union shall apply the said provisions to additional genera or species within the following periods from the entry into force of this Convention in its territory:
i) Within three years, ten genera or species in all at least;
Ii) Within six years, to eighteen genera or species in all at least;
Iii) Within eight years, twenty-four genera or species in all at least;
C) Where a State of the Union restrict the application of this Convention within a genus or species in accordance with Article 2.2, that genus or species, however, be considered as a genus or species for the purposes 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 into account economic conditions or special ecological of that State, the Council may decide in favor of that State, reduce the minimum numbers referred to in paragraph 3, extend the periods referred to in that paragraph, or both.
5. Upon request of a State of the Union, in order to take into account the special difficulties encountered by that State to fulfill its obligations under paragraph 3 b), the Council may decide in favor of such State, extend the periods referred in paragraph 3 b).
The 5th ITEM. RIGHTS PROTECTED - SCOPE OF PROTECTION.
1. The right granted to the breeder shall have effect subject to prior authorization.
- The commercial production.
- Putting on sale.
- Marketing material reproduction or vegetative propagation, as such, of the variety.
Vegetative propagation material encompasses whole plants. The breeder's right extends to ornamental plants or parts of such plants which are normally marketed for purposes other than multiplication, in the case of commercially used as multiplication material for the production of ornamental plants or flowers cut.
2. The breeder may make his authorization subject to conditions defined by himself.
3. the breeder's authorization is not required to use the variety as an initial source of variation for creating other varieties or for the marketing of these. However, such authorization will be required when the repeated use of the variety for commercial production of another variety becomes necessary.
4. Each State of the Union, either in their own legislation or special agreements such as those mentioned in Article 29, may grant breeders, for certain botanical genera or species, a more extensive right than that defined in paragraph 1 of this article, extending in particular to the marketed product. A State of the Union which grants such a right may limit the benefit to nationals of the States of the Union which grant an identical right and to natural or legal persons domiciled or resident in one of those States.
ARTICLE 6o. CONDITIONS FOR BENEFIT OF PROTECTION.
1. The breeder shall enjoy the protection provided by this Convention when the following conditions are met:
A) Whatever the origin, artificial or natural, of the initial variation that has led to the variety must be clearly distinguishable by one or more important characteristics from any other variety whose existence is well known in the when the protection is sought. This knowledge may be established by various references such as cultivation or marketing already in progress, completed or pending registration in an official register of varieties, presence in a reference collection or precise description in a publication. The characters that help to define and distinguish a variety must be able to be recognized and precisely described;
B) On the date of filing of the application for protection in a State of the Union, the variety;
I) There must have been offered for sale or marketed, with the consent of the breeder, in the territory of that State, or, if the law of that State so provides, have not been for more than a 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 than six years in the case of vines, forest trees, fruit trees and ornamental trees, including in each case, their rootstocks, or for an earlier period than four years in the case of other plants.
Trials of the variety not involving offering for sale or marketing does not oppose the right to protection. The fact that the variety has been made known by different means offering for sale or marketing does not preclude the right of the breeder to protection;
C) The variety must be sufficiently homogeneous, taking into account the particular features of its sexual reproduction or vegetative propagation;
D) The variety must be stable in its essential characteristics, ie, it must remain true to its description after repeated reproduction or propagation or, where the breeder has defined a particular cycle of reproduction or multiplication, at the end of each cycle;
E) The variety shall be given a denomination as provided in Article 13.
2. The granting of protection may only rely on the above conditions, provided that the applicant complies with the formalities prescribed by national legislation of the State of the Union in which the application for protection is lodged, including payment of fees.
ARTICLE 7. REVIEW OFFICIAL VARIETY - PROVISIONAL PROTECTION.
1. Protection shall be granted after examination of the variety according to the criteria defined in Article 6. Such examination shall be appropriate to each botanical genus or species.
2. In light of that examination, the relevant departments of each State of the Union may require the breeder all information, documents, propagating material or seeds.
3. Any State of the Union may take measures to protect the breeder against abusive acts of third parties that may occur during the period between the filing of the application and the decision.
Article 8. TERM OF PROTECTION. The right granted to the breeder has a limited duration. This may not be less than fifteen years from the date of grant of protection title. For vines, forest trees, fruit trees and ornamental trees, including in each case, their rootstocks, the duration of protection may not be less than eighteen years from that date.
Article 9. LIMITATION OF EXERCISE OF RIGHTS PROTECTED.
1. The free exercise of the exclusive right granted to the breeder may only be limited for reasons of public interest.
2. When any such restriction is to ensure the dissemination of the variety, the State of the Union concerned shall take all necessary measures so that the breeder receives equitable remuneration.
ARTICLE 10. REVOCATION AND LAPSE OF PROTECTED RIGHTS.
1. It will be declared void the breeder's right in accordance with the provisions of the domestic law of each State of the Union, if it is found that the conditions set out in Article 6.1 a) and b) were not complied with at the time of grant of protection title.
2. You are deprived of their right breeder who is unable to submit to the competent authority material propagating obtain variety allowing their characters, as they have been defined at the time when protection was granted.
3. It may be deprived of their right breeder:
A) Do not submit to the competent authority, within a prescribed period and after being required to do so, the material propagating, the documents and information deemed necessary for checking the variety, or not to allow inspection of the measures taken for the conservation of the variety;
B) Is not paid within the time limits certain fees payable, if any, for the maintenance in force of their rights.
4. You can not set aside the breeder's right or may be deprived of their right for reasons other than those mentioned in this article.
ARTICLE 11. CHOICE OF THE STATE OF THE UNION IN THE FIRST application is submitted; APPLICATIONS IN OTHER STATES OF THE UNION; INDEPENDENCE OF PROTECTION IN DIFFERENT STATES OF THE UNION.
1. The breeder may choose the member State of the Union which wishes to file his first application for protection.
2. The breeder may apply for protection of their rights in other states of the Union, without waiting for has been granted a title of protection by the State of the Union which present the first application.
3. The protection applied for in different States of the Union by natural or legal persons entitled to benefit under this Convention shall be independent of the protection obtained for the same variety in other States, does not belong to the Union.
ARTICLE 12. PRIORITY RIGHT.
1. The breeder who has duly filed an application for protection in one of the States of the Union, enjoy a right of priority during a period of twelve months for the purpose of filing in the other States of the Union. This period shall be calculated from the date of filing of the first application. Nor it is understood within that period the day of the presentation.
2. To benefit from the provisions of paragraph 1, the further filing must include an application for protection, claiming priority of the first application and, within three months, a copy of the documents which constitute that application, certified by the administration which received it.
3. The breeder shall have a period of four years, after the expiry of priority, to deliver the State of the Union which has submitted a request for protection under the conditions provided in paragraph 2, the supporting documents, the material required by the laws and regulations of that State. this State may however require an appropriate term supply additional documents and material, if the application whose priority is claimed is rejected or withdrawn.
4. They do not object to the presentation made in the above conditions the events within the period specified in this paragraph 1, such as another presentation, the publication of the subject of the application or exploitation. Such matters may not give rise to any right for the benefit of third parties or any personal possession.
ARTICLE 13 VARIETY DENOMINATION.
1. The variety shall be designated by a denomination which will be its generic designation. Each State of the Union shall ensure that, without prejudice to paragraph 4, no rights in the designation registered as the denomination of the variety hamper the free use of the denomination in connection with the variety, even after the expiration of the protection.
2. The designation must allow identification of the variety. 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 any State of the Union, an existing variety of the same botanical species or a similar species.
3. The denomination of the variety shall be submitted by the breeder to the provisions of Article 30 1b). If it is found that the denomination does not satisfy the requirements of paragraph 2, that authority shall refuse the registration and shall require the breeder to propose another denomination within a specified period. The denomination shall be registered at the same time that the title of protection is issued in accordance with the provisions of article 7.
4. He did not detract from the prior rights of third parties. If, under 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 the service provided for in Article 30.1 b) require that the breeder to propose another denomination for the variety.
5. A variety must be submitted in the States of the Union under the same denomination. The service provided for in Article 30.1 b) it shall register the denomination so submitted, unless it finds the inconvenience of that name in your state. In that case, it may require the breeder to submit another denomination.
6. The service provided for in Article 30.1 b) shall ensure communication to the other services of the information concerning variety denominations, in particular the submission, registration and cancellation of denominations. Any service provided for in Article 30.1 b) may transmit any comments on the registration of a name service that communicated.
7. Which, in a State of the Union applicable to the sale or marketing of propagating material or vegetative multiplication of a variety protected in that State shall be obliged to use the denomination of that variety, even after the expiry of the protection of that variety, provided that, in accordance with the provisions of paragraph 4, not prior rights prevent such use.
8. When a variety is offered for sale or marketed, it shall be permitted to associate a trademark or trade name, trade name or similar to the registered name of the variety indication. If such an indication is so associated, the denomination must nevertheless be easily recognizable.
ARTICLE 14. PROTECTION OF INDEPENDENT REGULATORY PROTECTION, CERTIFICATION AND MARKETING.
1. The right accorded to the 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 seedlings.
2. However, these measures should avoid, as much as possible, hinder the implementation of the provisions of this Convention.
ARTICLE 15. BODIES 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 New Varieties of Plants.
ARTICLE 16. COMPOSITION OF THE BOARD - NUMBER OF VOTES.
1. The Council shall be composed of representatives of the States of the Union. Each State of the Union shall appoint one representative on the Council and one alternate.
2. Representatives or alternates may be accompanied by assistants or advisers.
3. Each State of the Union shall have one vote in the Council.
ARTICLE 17. ADMISSION OF OBSERVERS AT MEETINGS OF THE COUNCIL.
1. States not members of the Union, signatories to this Act shall be invited to Council meetings as observers.
2. You can also invite other observers or experts to such meetings.
ARTICLE 18. CHAIRMAN AND VICE CHAIRMAN OF THE BOARD.
1. The Council shall elect from among its members a President and a first Vice. You can choose other Vice Presidents. The First Vice President of law in case of absence.
2. The mandate of the President shall be three years.
ARTICLE 19. SESSIONS OF THE COUNCIL.
1. The Council shall be convened by its President.
2. It will hold a regular session once a year. In addition, the President may convene the Council at his discretion; he shall convene within three months when requested by a third, at least, of the States of the Union.
ARTICLE 20. REGULATION OF THE COUNCIL - Administrative and Financial Regulations of the Union. The Council shall establish its Regulations and the Administrative and Financial Regulations of the Union.
ARTICLE 21. POWERS OF THE COUNCIL. The powers of the Council shall be:
a) study appropriate measures to ensure the safeguarding of the Union and promote its development;
B) Appoint the Secretary General and, if necessary, the Assistant Secretary General; determine the terms of his appointment;
C) To consider the annual report of activities of the Union and set the agenda for future work;
D) Give the Secretary General, whose functions are set out in Article 23, all necessary for the fulfillment of the functions of the Union;
E) examine and approve the budget of the Union and, in accordance with Article 26, set the contribution in each State of the Union;
F) Review and approve the accounts presented by the Secretary General;
G) To establish, in accordance with Article 27, the date and place of the conferences referred to in that Article and take measures for their preparation ecesarias;
H) In general, take all decisions necessary for the proper functioning of the Union.
ARTICLE 22. MAJORITY REQUIRED FOR COUNCIL DECISIONS. Any Council decision will be adopted by a simple majority of members present and voting; however, any decision of the council under Articles 4.4 20 21 e), 26.5. b), 27.1, 28.3 or 32.3 shall be taken by three-fourths majority of the members present and voting. Abstentions shall not be considered as votes.
ARTICLE 23. POWERS OF THE OFFICE OF THE UNION - RESPONSIBILITIES OF THE SECRETARY GENERAL; APPOINTMENT OF OFFICIALS.
1. The Office of the Union shall carry out all the powers are conferred by the Council. It will be headed by the Secretary General.
2. The Secretary General shall be responsible to the Council; will ensure the implementation of Council decisions. He shall submit the budget to the Council for approval and ensure their implementation. Shall report annually to the Council on his administration and will report on the activities and financial position of the Union.
Without prejudice to the provisions of Article 21 b), the conditions of appointment and employment of the staff necessary for the proper functioning of the office of the Union shall lay down the administrative and financial regulations referred to in Article 20.
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 this State, the Union shall have the necessary legal capacity to achieve its objectives and perform their duties.
3. The Union shall conclude a headquarters agreement with the Swiss Confederation.
ARTICLE 25. AUDITING ACCOUNTS. The audit of the accounts of the Union shall be secured by a State of the Union in accordance with the procedures laid down in the administrative and financial regulations referred to in Article 20. The State shall be designated in Article 20. This shall be appointed by the Council with their consent.
ARTICLE 26. FINANCE.
1. The expenses of the Union will be covered:
- For the annual contributions of the States of the Union.
- For the remuneration of service.
- For miscellaneous income.
2. a) each State of the Union in the total annual contributions shall be determined by reference to the total amount of costs to be covered by contributions from the States of the Union and the number of contribution units which are applicable under paragraph 3. this shall be calculated in accordance with paragraph 4.
b) number of contribution units shall be expressed in whole numbers or fractions thereof, provided that this number is not less than one fifth.
3. a) With respect to any State that is part of the Union on the date of entry into force of this Act with respect to that State, it shall apply the same number of units of contribution which was applicable immediately before that date, under the Convention of 1961 as amended by the additional Act of 1972;
B) With respect to any other State, at the time of its accession to the Union, indicate the number of contribution units applicable to it by a declaration addressed to the Secretary General;
C) Each State of the Union may, at any time, by a declaration addressed to the Secretary General, a number of contribution units different from that applicable under paragraphs a) or b) above. If the statement is made during the first six months of the calendar year, it shall take effect early next calendar year; Otherwise, it will take effect early in the second calendar year following the year in which the statement was made.
4. a) For each financial year, the amount of a contribution unit shall be equal to the total amount of expenditure to cover during that period from the contributions of 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 one contribution unit multiplied by the number of units applicable to that State.
5. a) A State of the Union arrears in the payment of its contributions may not exercise their voting rights in the Council without prejudice to paragraph b) - if the amount of its arrears equals or exceeds that of the contributions due for the past two full years. The suspension of the right to vote shall not relieve the State of its obligations and shall not deprive it of any other rights under this Agreement;
B) The Council may allow the said State to continue to exercise their right to vote as it considers that the delay is due to exceptional and unavoidable circumstances.
ARTICLE 27. REVISION OF THE CONVENTION.
1. This Agreement may be revised by a conference of States of the Union. The convocation of such conference shall be decided by the Council.
2. The conference deliberates validly only if they are represented at least half of the States of the Union. To be adopted, the revised text of the Convention should have a majority of five sixths of the States of the Union represented at the Conference.
ARTICLE 28. LANGUAGES USED BY THE OFFICE AND COUNCIL MEETINGS.
1. The Office of the Union will use the German, French and English in fulfilling their missions languages.
2. Council meetings and review conferences be held in the three languages.
3. When necessary, the Council may decide that further languages are used.
ARTICLE 29. SPECIAL ARRANGEMENTS FOR THE PROTECTION OF PLANT VARIETIES. States of the Union to conclude among themselves special agreements for the protection of plant varieties are reserved, provided that such agreements do not contravegan the provisions of this Convention.
ARTICLE 30. IMPLEMENTATION OF THE CONVENTION AT NATIONAL LEVEL; SPECIAL ARRANGEMENTS FOR MANAGERS USE COMMON SERVICES EXAMINATION.
1. Each State of the Union shall take all necessary measures for the implementation of this Convention and in particular:
a) provide for appropriate legal remedies for the effective defense of the rights under this Convention;
B) Establish a special service for the protection of plant varieties or instruct an existing service such protection;
C) ensure the communication to the public of information concerning such protection and at least periodic publication of the list of titles of protection issued.
2. Special arrangements can be agreed between the relevant departments of the States of the Union, for the common use of services responsible to examine the varieties provided for in article 7., and collection of collections and reference documents necessary.
3. It is understood that at the time of deposit of its instrument of ratification, acceptance, approval or accession, each State must be able to give effect to the provisions of this Convention in accordance with its domestic law.
ARTICLE 31. SIGNATURE. This Act shall remain open for signature by any State of the Union and any other State represented at the Diplomatic Conference adopting this Act. It shall be open for signature until 31 October 1979.
ARTICLE 32 RATIFICATION, ACCEPTANCE OR APPROVAL - ACCESSION.
1. Any State shall express its consent to be bound by this Act by the deposit:
a) an instrument of ratification, acceptance or approval, if it has signed this Act;
B) 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 has not signed this Act, before depositing its instrument of accession, ask the Council's view on the conformity of its laws with the provisions of this Act. If the decision embodying opinion is positive, it may be deposited the instrument of accession.
ARTICLE 33. ENTRY INTO FORCE - Closing of previous texts.
1. This Act shall enter into force one month after they have been fulfilled the following conditions:
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 party to the 1961 Convention.
2. For any other State depositing its instrument of ratification, acceptance, approval or accession after they have been fulfilled the conditions set out in paragraph 1 a) and b), this Act shall enter into force one month after the deposit of its instrument.
3. After the entry into force of this Act in accordance with paragraph 1 may no longer adhere any State to the Convention of 1961 as amended by the Additional Act of 1972.
ARTICLE 34. RELATIONS BETWEEN STATES FORCED BY DIFFERENT TEXTS.
1. Each State of the Union on the date of entry into force of this Act with respect to, is bound by the Convention of 1961 as amended by the Additional Act of 1972, continue to apply, in its relations with any other State of the Union not bound by this Act, the Convention as amended by the said additional Act to which this Act enters into force also with respect to that other State.
2. Each State of the Union not bound by this Act the first State may, by notification addressed to the Secretary General that it will apply the Convention of 1961 as amended by the Additional Act of 1972 in its relations with any State bound by this Act that it becomes a member of the Union, ratifying, accepting or approving this Act or adhering to it the second state. Once the period of one month expired counting from the date of such notification and until the entry into force of this Act with respect to the first State will apply the Convention of 1961 as amended by the Additional Act of 1972 in its relations with the second State, while the latter shall apply this Act in its relations with the former State.
ARTICLE 35. Communications concerning genera and species protected; INFORMATION TO BE PUBLISHED.
1. At the time of deposit of its instrument of ratification, acceptance or approval of this Act or accession thereto, each State is no longer a member of the Union shall notify the Secretary General the list of genera and species to which they apply the provisions of this Convention at the time of the entry into force of this Act with respect.
2. On the basis of communications received from the State of the Union concerned, the Secretary General publish information on:
a) Any extension of the application of the provisions of this Convention to additional genera and species after the entry into force of this Act concerning them;
B) Any use of the option provided in Article 3.3; Under Article 4.4 or 5;
C) The use of any faculty granted by the Council under Article 4.4) or 5);
D) Any use of the option provided in the first sentence of Article 5.4, specifying the nature of the broader rights and specifying the genera and species to which such rights apply;
E) Any use of the option provided in the second sentence of Article 5.4;
F) The fact that the law of that State contains a provision as permitted under Article 6.1 b) i) and the length of time allowed;
G) The duration of the period referred to in Article 8., If that term is longer than fifteen or eighteen, as appropriate, it provided that article.
ARTICLE 36. TERRITORIES.
1. Any State may declare in its instrument of ratification, acceptance, approval or accession, or may inform the Secretary General, by written notification any time thereafter, 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 given such a notification may notify the Secretary General, at any time, that this Act shall cease to be applicable to all or part of those territories.
3. a) A declaration made under paragraph 1 shall take effect on the same date as the ratification, acceptance, approval or accession in the instrument was included, and any notification given under that paragraph shall take effect three months after its notification the Secretary General;
B) Any notification given under paragraph 2 shall take effect twelve months after its receipt by the Secretary General.
ARTICLE 37. WITHDRAWAL FOR PROTECTION UNDER TWO WAYS.
1. Without prejudice to the provisions of Article 2.1, any State during which this Act is, before the expiry of the period opened for signature, provides for protection under the different forms referred to in Article 2.1 for the same genus or same species, may continue to do so if, at the time of signature of this Act or its instrument of ratification, acceptance or approval of this Act or accession thereto, notify that fact to the Secretary General.
2. If in a State of the Union to which paragraph 1 applies, protection is sought under patent law, the State may, without prejudice to Article 6.1 a) and b) and in Article 8. apply the patentability criteria and duration of protection of patent law protected varieties under that law.
3. That State may notify the Secretary General, at any time, withdraw its notification in accordance with paragraph 1. Such withdrawal shall take effect on the date indicated by that State in its notification of withdrawal.
ARTICLE 38. TEMPORARY LIMITATION OF REQUIREMENT OF NOVELTY. Without prejudice to the provisions of Article 6., Any State of the Union has the right, without this obligation for other member States of the Union, limit the requirement of novelty under Article mentioned arising, so it refers to varieties of recent creation existing at the time when that State first applied the provisions of this Convention to the genus or species to which such varieties belong.
ARTICLE 39. MAINTENANCE OF ACQUIRED RIGHTS. This Agreement shall not affect any rights acquired either under national laws of the States of the Union, either as a result of agreements between those States.
ARTICLE 40. RESERVATIONS. No reservations to this Convention shall be permitted.
ARTICLE 41. DURATION AND TERMINATION OF THE AGREEMENT.
1. This Convention is of unlimited duration.
2. Each State of the Union may denounce this Convention by notification addressed to the Secretary General. The Secretary-General shall promptly receipt of such notification to all States of the Union.
3. Denunciation shall take effect upon the expiration of the calendar year following that in which the notification by the Secretary General was received.
4. The denunciation shall not affect any rights acquired on a variety under this Convention before the date on which denunciation takes effect.
ARTICLE 42. LANGUAGES, DEPOSITARY FUNCTIONS.
1. This Act is signed in a single original in the French, English and German languages, the French text being considered in case of differences between the texts. It 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 that adopted it and the Government of any other State which so requests.
3. After consultation with the Governments of the States concerned to be represented at the Conference, the Secretary-General establish official texts in Arabic, Spanish, Italian, Japanese, Dutch and other languages as 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 the States not members of the Union were represented at the Diplomatic Conference adopting 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 or 3 or 41.2 37.1 and any declaration made under Article 36.1.
Certify that the foregoing text is a true copy of the text
Spanish official of the International Convention for the Protection of New Varieties of Plants
of December 2, 1961,
revised at Geneva on November 10,
1972 and 23 October 1978. the Secretary General
INTERNATIONAL UNION FOR THE PROTECTION OF NEW PLANT VARIETIES
Geneva, 9 February 1995. The undersigned
Head of the Legal Office of the Ministry of Foreign Affairs.
That this is a true copy of the certificate text taken from the "International Convention for the Protection of New Varieties of Plants, UPOV, December 2, 1961. Revised at Geneva on November 10, 1972 and October 23, 1978 which is on file in the Legal Office of the Ministry.
Given in Bogota, DC, fifteen (15) days
of May in 1995 (1995).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura Executive Branch of the Public Power. - Presidency of the Republic
Santafe de Bogota, DC
Undergo Approved Consideration of honorable ||. | National Congress for constitutional purposes,
(Sgd.) Ernesto Samper Pizano
the Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCÍA - PEÑA
ITEM 1A. . Approval of the "International Convention for the Protection of New Varieties of Plants", 2 December 1961. Revised at Geneva on November 10, 1972 and October 23, 1978.
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the International Convention for the Protection of New Varieties of Plants of 2 December 1961. Revised at Geneva on November 10, 1972 and October 23, 1978, that article 1. of this Act is approved, it will force the country from the date the international bond perfections respect thereof.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication, execute
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Bogota, DC, on December 28, 1995.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Economic Development, responsible for the functions
to the Minister of Foreign Trade,
RODRIGO MARIN BERNAL.
The Minister of Agriculture and Rural Development,
GUSTAVO CASTRO GUERRERO.
The Minister of Environment,
Cecilia López Montaño.