68/1994 Coll.
THE INTERNATIONAL CONVENTION
on the protection of new varieties of plants from the 2. in December 1961, as amended by
revised at Geneva on 10. November 1972 and 23. October 1978
Ministry of Foreign Affairs says that the 2 July. December 1961 was in
Paris negotiated International Convention for the protection of new varieties of plants,
as revised at Geneva on 10. November 1972 and 23. October 1978.
The instrument of accession of the Czech and Slovak Federal Republic to the
International Convention for the protection of new varieties of plants from the 2. December 1961
revised in Geneva on 10. November 1972 and 23. October 1978, was
deposited with the depositary of the Convention-the Secretary-General of the International Union
for the protection of new varieties of plants (UPOV) on 4 December 2002. November 1991.
The International Convention on the protection of new varieties of plants, as revised at Geneva
day 10. November 1972 and 23. October 1978, entered into force on
pursuant to article 33 paragraph 2. 1 day 8. November 1981. For the Czech and
Slovak Federal Republic came into force, on the basis of the same
Article paragraph 1. 2 day 4. December 1991.
On 12 June 2006. Czech Republic 1 January 1993 has deposited with the Secretary-General
The International Union for the protection of new varieties of plants Declaration of 1 December.
January 1993, "the International Convention on the protection of new varieties of plants from the 2.
December, 1961, as revised at Geneva on 10. November 1972 and 23. October
1978, in the Czech Republic will continue to be in force ". The Depositary Of The Convention
the continuation of its validity for the Czech Republic on 1 January 1993. January 1993
confirmed.
Czech translation of the Convention shall be published at the same time.
The Contracting Parties
devising, the International Convention on the protection of new varieties of plants from the 2.
in December 1961, the adjusted measures of the 10. November 1972, has proven itself
as a useful tool of international cooperation in the field of the protection of the rights of
plant breeders,
Affirming the principles contained in the preamble in this Convention, according to which:
and) are convinced about the importance of the protection of new varieties of not only for the development of
Agriculture in their territories, but also to protect the interests of plant breeders,
(b)) they realize the specific problems resulting from the recognition and protection of rights
plant breeders and in particular of restrictions that may result from the requirements
the public interest on the free exercise of such a right,
(c)) are considered highly desirable that these problems, which very much
States law attaches importance, were addressed to each of the States, in accordance with the
uniform and clearly defined principles,
Bearing in mind that the idea of the protection of breeders ' rights acquired
general recognition in many States that have not yet adhered to the Convention,
taking into account the need to proceed with some changes in the Convention in order to
facilitate the accession of those States to the Union,
devising that some provisions relating to the management of the Union, included in the
The Convention, require a supplement in the light of experience and
considering that these goals can be best achieved by the new
revisions to the text of the Convention,
have agreed as follows:
Article 1
The Purpose Of The Convention; the establishment of the Union; the seat of the Union
(1) the purpose of this Convention is to recognise and protect new varieties of breeders
plants or by his successors in the legal title (both hereinafter referred to as "breeder")
right under the conditions defined below.
(2) the States participating in the Convention (hereinafter referred to as "the Member States of the Union") consists of
The Union for the protection of new varieties of plants.
(3) the seat of the Union and its permanent organs is Geneva.
Article 2
Forms of protection
(1) any State member of the Union may recognize the right of the breeder within the meaning of this
the Convention either by granting special rights or patent protection. However,
Member State of the Union whose legislation permits the protection under both
These forms, you can provide only one of them for one and the same
the botanical genus or species.
(2) any State member of the Union may restrict the application of the Convention in the context of the
genus or species of the variety, in a special way the reproduction or
propagation, or with a specific final use.
Article 3
The procedure of individual States; reciprocity
(1) without prejudikují the rights recognized in the Convention, in particular, may
natural and legal persons, established or having registered company
in one of the Member States of the Union in respect of the recognition and protection of the right
the breeder's right, get in another Member State of the Union the same procedure that is
approved or may be approved pursuant to the relevant laws of the
State in relation to its own nationals, provided
that such person complies with the conditions and regulations, applicable to these national
members.
(2) the nationals of Member States of the Union who are not resident or
a registered company in one of these States, they will also benefit from
the same law provided that they fulfil all the commitments made to them can
be saved with the purpose that the varieties that can be created
tested and their proliferation could be controlled.
(3) However, notwithstanding the provisions of paragraphs 1 and 2, each Member State
The Union, in the application of the Convention to a particular genus or species, may limit the benefit of the
arising from the protection of nationals of those Member States of the Union,
with the Convention to the genus or species, and to natural or legal
a person residing or having a registered company in any of these
States.
Article 4
Botanical genera and species, which must or may be protected by
(1) this Convention may be applied to all botanical genera and species.
(2) the Member States of the Union shall undertake to take all the necessary measures
necessary for the expansion of the application the provisions of this Convention to the greatest
possible number of botanical genera and species.
(3)
and each Member State of the Union) apply after entry into force of this Convention on the
their territory, the provisions of the Convention in at least five genera or species.
(b)), Then the Union, each Member State shall apply the provisions referred to in the additional
the genera and species during the period following the date on which the Convention came into
force on its territory;
-during the three years of at least ten genera or species in total,
-during six years on at least 18 genera or species in total,
-during the eight years of at least twenty-four genera or species in total.
(c)) where a Member State restricts the application of the Convention within the genus or species
in accordance with the provisions of article. 2 (2). 2, however this genus or
species, for the purposes of the provisions of subparagraphs) and (b)), considered to be one genus or
kind of.
(4) at the request of any State which intends to ratify, accept,
approve or accede to the Convention, the Council, having regard to the specific
economic or ecological conditions of this State, to decide on
the benefit of this State relating to the reduction of the minimum number of required in
paragraph 3, or may extend the period referred to in this paragraph or
may reduce the number and increase the time.
(5) at the request of any Member State of the Union, the Council may, in the light of
on the special difficulties encountered by the State meets in the performance of obligations under the
paragraph 3 (b). (b)), to decide in favor of this State concerning the extension
the period referred to in paragraph 3 (b). (b)).
Article 5
Protected rights; the scope of protection
(1) the right granted to the breeder lies in the fact that it requires its
prior approval for
-production for the purpose of commercial sales,
-the offer to sell,
-trading
reproductive material or vegetative propagation material, such as
like the variety. It is believed that vegetative material
propagation includes the whole plant. The breeder's right shall be extended to
ornamental plants or parts of plants commonly traded for other
purpose than your own multiplication in the case that would be used for the purpose of
trade as propagation material for the production of ornamental plants
or cut flowers.
(2) the consent of the breeder may be subject to conditions that may
be further established.
(3) the consent of the breeder's right is not necessary, nor for the use of the variety as
default source variety for the purpose of creating other varieties, or for the
trading with them. By contrast, this consent is required if the
repeated use of the variety is necessary for commercial production of other varieties.
(4) any State member of the Union may, either under its own laws,
or in the form of special agreements under article 81(1). 29, provide šlechtitelům for
certain botanical genera or species, broader rights than those mentioned in
paragraph 1, and can be expanded up to, namely the product traded.
Member State of the Union, who will provide such rights, may limit its
into force only to nationals of Member States of the Union, which provide
the same rights of natural and legal persons residing or having
a registered company in one of these States.
Article 6
The conditions for receiving benefits from the protection of
(1) the breeder uses the benefits of protection under this Convention only
assumptions the following conditions:
and) regardless of the origin, artificial or natural, the default of that variety,
variety, this must be clearly distinguishable by one or more
characteristics from any other variety whose existence is a
generally known at the time when the application for protection. General
knowledge may be characterized by reference to various facts, such as:
the existing cultivation and trafficking, has already been carried out, or is carried out
entry in an official register of varieties, including in the reference collections of varieties
or was published in its precise description of the publication. Characteristics,
allowing the definition and resolution of the variety, must be appropriate for its
accurate understanding and description,
(b)) to the date on which the request for protection in the Member
State, variety
-must not be-or, where the law of that State, it admits no more than
one year-offered for sale or be the subject of trade in
the consent of the breeder within the territory of that State, and
-could not be offered for sale or be the subject of trade in
the consent of the breeder within the territory of any other State for a period longer
six years in the case of vines, forest trees, fruit trees and
ornamental trees, including their rootstocks, or for a period longer than four
years in the case of any other plants.
Examinations of varieties that do not involve an offer for sale or trade
without prejudice to the protection of the law. The fact that the variety has become generally
known in other ways than by offering for sale or trade, also
does not affect the right of the breeder's right to protection,
(c)) the variety must be sufficiently uniform having regard to special characters
its generative reproduction or vegetative propagation,
d) variety must have stability in their essential
characteristics, this means that it must comply with its description after
repeated reproduction or propagation or, where the breeder has defined a
a special cycle of reproduction or multiplication, at the end of each such
cycle,
e) variety must get its name, as stated in the article. 13.
(2), provided that the latter comply with the provisions laid down in
legislation of a Member State of the Union, in which the application was submitted
protection, including the settlement of the fee grant of protection cannot be associated
any other conditions than those laid down in the above
those provisions.
Article 7
The official examination of varieties; provisional protection
(1) the protection will be approved after the completion of the examination of a variety pursuant to the criteria
referred to in article 14(2). 6. Such testing must be reasonably suitable for each
genus or species.
(2) for the purposes of such tests, the competent authorities of each Member
State of the Union require that the breeder has supplied all the necessary information,
documents, material or seeds.
(3) each Member State of the Union may adopt measures for the protection of
the breeder's right against fraud and malicious actions of third parties, which would
took place in the time between the submission of applications for protection and the decision to
This protection.
Article 8
The term of protection
The right granted to the breeder shall not be granted for a limited period of time. This time
cannot be less than 15 years from the date of issue of the decision on protection. U
vines, forest trees, fruit trees and ornamental trees including
their bases the term of protection may not be less than eighteen years old, counted
from the date of the decision on protection.
Article 9
Restrictions on the exercise of rights
(1) the free exercise of the exclusive rights granted to the breeder cannot restrict
other than for reasons of public interest.
(2) if any such limitation is carried out in order to ensure a wide
distribution of the varieties of the variety, the Member State of the Union will take all
necessary measures to ensure that the breeder has received appropriate compensation.
Article 10
Cancellation and forfeiture of rights
(1) the right of the breeder will be cancelled and annulled in accordance with the
the provisions of the law of each of the Member States of the Union, if it is found,
that the conditions laid down in article 4(1). 6 (1). 1 (b). a) and b) were not in the
reality fulfilled at the time when the decision on protection.
(2) the right of the breeder shall be forfeited, if this does not provide
the competent authority of the reproductive or propagating material capable of
to produce the variety with its characteristics that have been defined,
at the time of grant of protection.
(3) the breeder can be deprived of his rights when:
and according to the requirement and) in due time deliver to the competent authority
reproductive or propagating material, documentation and information
considered necessary for control of the variety, or if will not allow
an examination of the measures taken for the maintenance of the variety, or
(b)) does not pay in due time the fees that are payable for the
maintaining the performance of his rights.
(4) the breeder cannot be deprived of this right for reasons other than from
the reasons mentioned in this article.
Article 11
Free choice of the Member State of the Union, which shall first request;
applications for protection in other States of the Union; independence of protection in the
the various States of the Union
(1) the breeder may choose the Member State of the Union, in which wishes
his first application for protection.
(2) the breeder may submit an application for the protection of their rights to other
Member States, without waits for the decision to grant the rights protection
the Member State of the Union, which has filed its first request.
(3) the Protection in different Member States of the Union have made a request
natural or legal persons, authorized to use the benefits of this Convention,
does not depend on the law protection for the same variety granted in other States
regardless of whether they are or are not members of the Union.
Article 12
The right of priority
(1) the breeder, who duly filed for protection in one of the Member
States of the Union, will be, for the purposes of filing an application in another Member State
Of the Union, enjoy a right of priority for a period of 12 months. This period shall
calculated from the date of filing of the first application. The filing date to this time
does not count.
(2) for the application of the benefit resulting from the provisions of paragraph 1 shall be
in the next submission of the application for protection filed a request to prefer the first
the application and within three months must be a copy of the document that make up this
the request has been validated as true copy by the authority which accepted it.
(3) a breeder may be allowed after expiry of the period of priority for more time
the four years in which it will deliver to the Member State of the Union, which has filed a request for
protection pursuant to the provisions of paragraph 2, additional documentation and materials
required by the laws and regulations of that State. This State may require
to additional documentation and materials have been passed in a reasonable
in the case where the application whose priority is claimed, was rejected
or withdrawn.
(4) such facts, such as the filing of another application or publication of this
things or usage arising in the body of the application, within the time specified
in paragraph 1, does not form for the merits of the objections to the application,
that has been made in accordance with the preceding terms. Such
the fact they may not be heading for the creation of rights in favour of third parties
or for the emergence of any right of personal possession.
Article 13
Name of the variety
(1) the variety must have a name that is used as the destination of her family
the designation. The Union shall ensure that each Member State referred to in paragraph 4, no
rights in respect of a sign which is registered as the denomination of the variety,
interference with the free use of the name of the variety, even after the expiry of the
the protection.
(2) the name must permit identification of varieties. Must not consist of
digits, with the exception of cases, when this is established practice for marking
the varieties. The name may not lead to erroneous conclusions or confusing
the characteristics, value or identity of the variety, or the identity of the
the breeder's right. In particular, the name must be different from each name, that
indicates, in any State of the Union, an existing variety of the same
the botanical species or closely relative species.
(3) the name of the variety, the breeder shall submit to the competent authority referred to in article. 30
paragraph. 1 (b). b). If it is found that this name does not match the requirements of the
paragraph 2, the competent authority refuses to register and request
the breeder's right, in a specified time, suggested a different name. Name is registered
on the same date, which will issue a decision on the protection in accordance with the
the provisions of the article. 7.
(4) the prior rights of third parties shall not be affected. If, in the
as a result of the previous law, it is prohibited to use the variety denomination the person
that would be in accordance with the provisions of paragraph 7 shall be required to use this name,
ask the authority referred to in article 2(1). 30 paragraph 2. 1 (b). (b)) the breeder that for
the variety presented a different name.
(5) The variety shall be conducted in the Member States of the Union under the same
the name of the. The authority referred to in article 3(1). 30 paragraph 2. 1 (b). (b)) this name
registers, if it does not consider that this name is in that State
inappropriate. In this case, it may ask the breeder to submit
a different name.
(6) the authority referred to in article 14(2). 30 paragraph 2. 1 (b). (b)) shall ensure that all
other such authorities were informed in case the name of the varieties, especially of
filing, registration, and cancellation of the name. Each competent authority referred to in
article. 30 paragraph 2. 1 (b). (b)) may give feedback if it is
has this authority, which announced the name.
(7) any person who, in the Member State of the Union offers for sale, or
dealing with reproductive or vegetative material varieties multiplied
protected in this State is required to apply the name of the variety, even after the
the expiry of the period of protection of the variety, if according to the provisions of paragraph 4
the previous law, such use does not prevent.
(8) If a variety is offered on the market or is traded, it is allowed to
associate the trade mark, trade name or other similar indication with
the registered name of the variety. And when it comes to such a connection,
However, the variety denomination must be easily recognizable.
Article 14
Regardless of the protection measures governing the manufacture, inspection, trade
(1) the right granted to the breeder in accordance with the provisions of this Convention do not
dependent on the measures taken by each Member State of the EU to regulate the
the manufacture, control and marketing of seeds and propagating plants
material.
(2) such measures should also, if possible, do not prevent the
the application of the provisions of this Convention.
Article 15
Institutions Of The Union
The permanent bodies of the Union are:
and) the Council,
(b)), the General Secretariat, bearing the name of the Office of the International Union for the
the protection of new varieties of plants.
Article 16
The Composition Of The Council; the number of votes
(1) the Council consists of representatives of the Member States of the EU. each Member
State shall designate one representative to the Council, and one alternating member.
(2) the Representative or representatives may be accompanied by alternating members or
advisers.
(3) each Member State of the Union has one vote in the Council.
Article 17
Observers at meetings of the Council
(1) States not members of the Union, which, however, have signed this
document are invited as observers to the meetings of the Council.
(2) at such meetings may be invited for more observers or
experts.
Article 18
The President and Vice President of the Council
(1) the Council shall elect from among its members a President and first Vice President, may
Choose the next Vice Presidents. First Vice President, replacing President
If this is not able to exercise its authority.
(2) the term of Office of the President is three years.
Article 19
Meetings Of The Council
(1) meetings of the Council shall be convened by the President.
(2) the Board shall hold an ordinary meeting once a year. In addition, the President of the
may convene the Council on its own initiative; The Council shall convene within three months,
If so requested by one third of the members of the Union.
Article 20
Rules of procedure of the Council; Administrative and financial regulations of the Union
The Council shall establish its rules of procedure and administrative and financial
the rules of the Union.
Article 21
The Mission Of The Council
The Mission of the Council is:
and) to study the appropriate measures to secure the interest and support for the development of the Union,
(b)) to appoint a General Secretary, and if necessary, a representative of the
General Secretary and identify, for each of the conditions and the performance of
function,
(c)) to review the annual report on the activities of the Union, and to provide for its future
activities,
(d) to forward to the General Secretary), whose functions are laid down in the article.
23, all the necessary instructions for performing the tasks of the Union,
(e) examine and approve the budget) of the Union and to determine the contribution of each
the Member State of the Union in accordance with the provisions of article. 26,
(f) examine and approve expense reports) submitted by the Secretary General,
g) to establish, in accordance with the provisions of article. 27, the date and the venue of the Conference,
covered by this article, and to take the measures necessary to
their preparation and
h) adopt a resolution on all issues to ensure effective functioning of the Union.
Article 22
The majority of votes required for Council decisions
All decisions of the Board shall be taken by a simple majority of those present and
voting members; and decision of the Council under article 104(7). 4 (4). 4, art. 20,
article. 21 (a). (e)), article. 26 paragraph 2. 5 (b). (b)). 27 para. 1, art. 28 para.
3, or article. 32 para. 3 require three-fourths of the votes of those present and
voting members. Abstence shall not be considered votes.
Article 23
The Tasks Of The Office Of The Union; responsibility of the General Secretary; the appointment of the
officials of the
(1) the Office of the Union shall exercise all the duties and tasks assigned by the Council.
Office governed by the Secretary General.
(2) the Secretary General is responsible to the Council. Provides the implementation for
decision of the Council. Shall submit the budget for approval to the Council and shall be responsible for
comply with it. Submit to the Council an annual report on the activities of the Office and
report on the activities and financial situation of the Union.
(3) in accordance with the provisions of article. 21 (a). (b)), the conditions for the appointment and
employment of staff officers for the efficient performance of the tasks
The Office of the Union shall be based on the administrative and financial
the provisions cited in the article. 20.
Article 24
The legal status of
(1) the Union shall have legal personality.
(2) the Union shall enjoy in the territory of each Member State of the Union, in accordance with the
the laws of that State, such legal capacity as is necessary for the
implementation of the objectives of the Union and for the performance of their functions.
(3) the Union has concluded an agreement with the Swiss Confederation on the headquarters of the Office
Union.
Article 25
Revision of the accounts
Revision of the accounts of the Union provides one of the Member States of the Union in accordance with
Administrative and financial provisions cited in the article. 20. such a
the State, with their consent, is determined by the Council.
Article 26
Finance
(1) the expenses of the Union shall be reimbursed from:
-the annual contributions of the Member States,
-payments received for services rendered,
-Miscellaneous revenue.
(2)
and the share of each Member State) of the Union the total amount of annual
the contributions shall be fixed so that the total expenses were covered from contributions
the Member States of the Union and with regard to contributory units referred to in paragraph
3. the said proportion shall be calculated in accordance with paragraph 4,
(b)) the number of contribution units shall be expressed in whole numbers or their
fractions, provided that such number shall not be less than one fifth.
(3)
a), for any State that is a Member State of the Union on the date of this
the document will come into force in relation to that State, remains the number of
contribution units, at this State, the same as the
immediately prior to this date, IE. According to the Convention of 1961 and its
supplemented by the text of 1972,
(b)), shall notify the other State when accession to the Union, the statement
addressed to the Secretary, the number of contribution units, which
He relates,
(c)), each Member State may at any time notify the Union in a statement
addressed to the Secretary, the number of contribution units, which
is different from the number that applies to that State in accordance with paragraph a)
or (b)). Such a declaration is made during the first six months
calendar year, you will have from the beginning of the next
calendar year; otherwise, it takes effect from the beginning of the second
the calendar year following the year in which the Declaration
has been made.
(4)
a) for each fiscal period, the amount corresponding to one
contribution unit established by dividing the total amount of the expenditure
to be covered by contributions from the Member States of the Union, the total number of
the units attributable to those States,
(b) the amount of the allowance) of each Member State of the Union shall be calculated by multiplying the
the amount corresponding to one contribution unit by the number of contribution
the units attributable to that State.
(5)
and the Member State of the Union), which is far behind in the payment of their contributions,
not referred to in paragraph (b)) exercise the voting rights in the Council, if the
the amount of its arrears equals or exceeds the amount of the contributions,
that the State is owed for the preceding two full calendar years. The suspension of the
the right to vote does not deprive that State of its obligations under this
of the Convention and does not relieve it of any other rights within the meaning of this Convention,
(b)), the Council may allow such a State to continue to exercise
the right to vote, if the Council is satisfied that the delay of payment
the post was due to exceptional or unavoidable circumstances.
Article 27
Revision of the text of the Convention
(1) the Text of this Convention may be revised by conferences of the Member States
Union. The convening of such a Conference, the Council shall decide.
(2) the Conference is valid only if it is on this
the Conference present at least one half of the Member States of the Union. For
the adoption of the revised text of the Convention required the majority of five sixths
the Member States of the Union, those present at the Conference.
Article 28
Languages used at meetings of the Council of bureaux and
(1) the authority of the Union used in the performance of their duties,
French and German.
(2) meetings of the Council and the Conference on the revision of the text shall take place in these three
languages.
(3) the Council may, as appropriate, may decide that other languages will be used.
Article 29
Special agreements for the protection of new varieties of
The Member States of the Union have the right to close vyhražují between themselves special
the agreement on the protection of new varieties of plants, if such agreements are not in
contrary to the provisions of this Convention.
Article 30
The application of the Convention at the country level; the contract on the joint use of
inspection services
(1) any Member State of the Union, shall adopt the measures necessary for the application of this
of the Convention; in particular:
and) provides the appropriate legal means for the effective protection of the rights in the
the meaning of this Convention,
(b)) a special authority for the protection of new varieties of plants or authorise
the implementation of protection already existing authority
(c)) provides information to the public about issues related to this
protection, at a minimum, periodic publication of the lists of titles issued to
the protection.
(2) a separate agreement may conclude the competent authorities services
the Member States of the Union with a view to the common usage of the services of the authorities
responsible for varieties referred to in the provisions of article. 7 and collecting
of the necessary reference collections and documentation.
(3) it is assumed that each State, when depositing its instrument of ratification,
acceptance, approval or accession to the Convention must be able, within the
their laws to effectively apply the provisions of this Convention.
Article 31
Signature Of The Convention
The text of the Convention is open for signature by all Member States of the Union or
all the other States at a diplomatic Conference, that this
the document adopted. It will be open for signature until 31 December 2006. October 1979.
Article 32
Ratification, acceptance or approval; the accession of the
(1) each State expresses its consent with the obligations of this document
you save:
and) instruments of ratification, acceptance or approval, if this document
signed; or
(b)) the instrument of accession, if it has not signed this document.
(2) instruments of ratification, acceptance, approval or accession shall be
be deposited with the Secretary.
(3) any State which is not a member of the Union and which has not signed this
the document asks, before depositing the instrument of accession, the Council for consultation,
whether its laws are in accordance with the provisions of this document.
If the observations of the Council is positive, the instrument of accession may be deposited.
Article 33
Entry into force; the inability to accede to previous texts
(1) this document will take effect one month after they have been met
These two conditions:
and the number of stored) of instruments of ratification, acceptance or approval, or
access, not less than five and
(b) at least three of these instruments) have been saved States which were members of the Convention
1961.
(2) in relation to any State which has deposited its instrument of ratification,
acceptance, approval or accession after the conditions set out
in paragraph 1 (b). and) and (b)), this document will come into force one month
After the deposit of the appropriate instrument by the State concerned.
(3) if the document referred to in paragraph 1 shall enter into force, any State
not to accede to the 1961 Convention in the revised text of the
1972.
Article 34
The relations between States bound by different lyrics
(1) any Member State of the Union, that is, on the date on which this
the document takes effect shall, in relation to this State bound by the Convention of
in 1961, as amended in 1972 and, in its relations to the other
the Member States of the Union which are not bound by this new document,
continue the application of the said Convention up to that time, until this new
operative document in relation to that other State.
(2) any Member State of the Union not bound by this document
("previous state") may declare, in the notification addressed to the
Secretary, that it will apply the Convention of 1961, as amended in the supplemented
in 1972, in its relations with any State which accepts the obligations under
the present document, and becomes a member of the Union ratification, acceptance,
approval or accession to this new document ("later
State "). After the expiry of one month from the date of such notification to
until the entry into force of the present document, in relation to the so-called.
an earlier state, this earlier state will apply the Convention of
1961 text of 1972 and in its relations with each of the so-called.
a later State, while each State will apply later
the new document in the relationship to an earlier state.
Article 35
Communication on the genera and species protected; information to be published
(1) when depositing its instrument of ratification, acceptance, approval or
access to this document, any State which is not a member of the Union, shall communicate to the
to the Secretary a list of genera and species to which, after the acquisition of the
the validity of this document in relation to this State will apply the
the provisions of this Convention.
(2) the Secretary General, on the basis of communications publishes received from
each EU Member State, information relating to:
and each application extension) the provisions of this Convention to other genera and
After entry into force of this document in respect of that State,
(b)) for each application of the provisions on the limitation of protection referred to in article 14(2). 3 (2). 3,
(c) application of the law of the Council) under art. 4 (4). 4 or 5,
(d)) of each use of the extension of the rights referred to in the first sentence of the article. 5 (3). 4 when
indication of the nature of these extended rights or with the specification of the genus
or the type to which this law applies,
(e) the application of the provisions) second sentence of the article. 5 (3). 4,
(f)) the fact that the laws of the State concerned contain provisions, as
permitted under art. 6 (1). 1 (b). (b)), and also about the length of time allowed
(g)) the length of the period referred to in article 14(2). 8, when this period longer than 15 years,
eventually. 18 years of age, as stated in this article.
Article 36
The territory of the
(1) any State may, in its instrument of ratification, acceptance, approval
or accession declare or can inform the General Secretary
written notification any time thereafter, that this document can be applied to
the whole or part of the territory, which are set out in the Declaration or notification.
(2) any State which has made such a declaration or made such a
the notification may at any time disclose to the General Secretary, that this
the document loses force for the whole or part of the territory.
(3)
and) any declaration referred to in paragraph 1 shall take effect on the same date
as the instrument of ratification, acceptance, approval or accession, in which
This statement was included, and any notification under this paragraph
shall take effect three months after it has been communicated to the
Secretary,
(b)) each notification passed pursuant to paragraph 2 shall take effect 12 months
after it has received the Secretary General.
Article 37
Special rules for two forms of protection referred to in
(1) Notwithstanding the provisions of article. 2 (2). 1, every State that before
the expiry of the period for which this document is opened for signature,
applicable to various forms of protection referred to in article. 2 (2). 1 for
one and the same genus or species, can like, if this
notify the fact to the Secretary at the time of the signature of this document
or at the time of deposit of the instrument of ratification, acceptance, approval or
access to this document.
(2) If, in a Member State of the Union, which is covered by paragraph
1 protection under patent law, may exercise
patent criteria and the period of protection under patent law as follows
the protected variety, notwithstanding the provisions of article. 6 (1). 1 (b). a) and article.
8.
(3) the State may at any time notify the Secretary-General of the withdrawal of
your notification that you forward in accordance with paragraph 1. This download notifications
shall enter into force on the date on which such State shall submit the notification of the withdrawal.
Article 38
Transitional restrictions on the requirement for novelty
Notwithstanding the provisions of article. 6, each Member State of the Union, without
liability for the other Member States of the Union, to limit the request to
novelty provided for in this article, with regard to the newly established
variety, existing at the time when such a State will apply the provisions of this
the Convention for the first time in the genus or species to which the variety belongs to such.
Article 39
Preservation of existing rights
This Convention shall be without prejudice to existing rights under the laws in force
the Member State of the Union or under the agreements concluded between those States.
Article 40
Reservations
To this Convention do not permit any reservations.
Article 41
Duration and denunciation
(1) this Convention is of unlimited duration.
(2) any Member State may denounce the addressed
to the General Secretary. The Secretary General about the announcement immediately
shall inform all Member States of the Union.
(3) notice of termination will take effect at the end of the calendar year following
After a year in which the Secretary General has received the notification.
(4) the termination shall not affect any rights acquired under the Convention
before the date on which such denunciation shall take effect.
Article 42
Languages; depository functions
(1) this document is signed in a single original in the Dutch, French and
English and German, and in the event of any conflict between the
the various texts, the French text shall apply. The original shall be deposited with
General Secretary.
(2) the Secretary General shall transmit two certified copies of the present document to the Governments of
all States that were present at the diplomatic Conference, which
This document has adopted, and at the request of the Government of every other State.
(3) the Secretary General, in consultation with the Governments concerned
States that were represented at the Conference, official texts in
Arabic, Dutch, Italian, Japanese and Spanish, and in
such other languages as may be determined by the Council.
(4) the Secretary General shall register this document with the Secretariat of the United Nations.
(5) the Secretary General shall inform the Governments of the Member and non-Member States
The Union, which were represented at the diplomatic Conference, which was
the document accepted by signing this document, on the deposit of instruments of
ratification, acceptance, approval or accession, of all notifications
received in accordance with article 3(1). 34 para. 2, article. paragraph 36. 1 and 2, article. 37 para. 1 and 3
or article. paragraph 41. 2, and of any statement made under article 19(1). paragraph 36.
1.
