Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 82-1049 of 14 December 1982 authorizing the ratification of an international convention for the protection of plant varieties of 2 December 1961, revised in Geneva on 10 November 1972 and 23 October 1978;
Vu la Act No. 2006-245 of 2 March 2006 authorizing the ratification of the revision of the International Convention for the Protection of Plant Breeding;
Vu la Act No. 2011-1843 of 8 December 2011 relating to plant certificates;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The International Convention for the Protection of Plant Breeding of 2 December 1961, revised in Geneva on 10 November 1972, 23 October 1978 and 19 March 1991, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N I N T E R N A T I O N A L
FOR THE PROTECTION OF VETAL OBTENTIONS OF 2 DECEMBER 1961, REVISED TO GENEVA ON 10 NOVEMBER 1972, 23 OCTOBER 1978 AND 19 MARCH 1991
LIST OF ARTICLES
Chapter I: Definitions.
Article 1: Definitions.
Chapter II: General obligations of Contracting Parties.
Article 2: Basic obligations of Contracting Parties.
Article 3: Gender and species to be protected.
Article 4: National treatment.
Chapter III: Conditions for granting a right of obstruction.
Article 5: Conditions of protection.
Article 6: New.
Article 7: Distinction.
Article 8: Uniformity.
Article 9: Stability.
Chapter IV: Application to grant the right to obstruct.
Article 10: Filing of applications.
Article 11: Right of priority.
Article 12: Review of the application
Article 13: Provisional protection.
Chapter V: Obtaining rights.
Article 14: Extent of the right of obedience.
Article 15: Exceptions to the right of obedience.
Article 16: Exhaustion of the right of obedience.
Article 17: Limitation of the exercise of the right of obedience.
Article 18: Economic regulation.
Article 19: Duration of the right of obedience.
Chapter VI: Name of variety.
Article 20: Name of the variety.
Chapter VII: Nullity and loss of the right to obtain.
Article 21: Nullity of the right of obedience.
Article 22: Loss of the breeder.
Chapter VIII: The Union.
Article 23: Members.
Article 24: Legal status and seat.
Article 25: Organs.
Article 26: The Council.
Article 27: The office of the Union.
Article 28: Languages.
Article 29: Finance.
Chapter IX: Implementation of the Convention: other agreements.
Article 30: Implementation of the Convention.
Article 31: Relations between Contracting Parties and States bound by previous Acts.
Article 32: Special arrangements.
Chapter X: Final provisions.
Article 33: Signature.
Article 34: Ratification acceptance or approval: accession.
Article 35: Reservations.
Article 36: Communications concerning protected legislation, genres and species; information to be published.
Article 37: Entry into force; impossible to adhere to the previous Acts.
Article 38: Revision of the Convention.
Article 39: Denunciation of the Convention.
Article 40: Maintenance of acquired rights.
Article 41: Original and official texts of the Convention.
Article 42: Functions of the depositary.
Article 1
Definitions
For the purposes of this Act:
(i) This Act (1991) of the International Convention for the Protection of Plant Breeding is defined as "this Convention";
(ii) "Act of 1961/1972" means the International Convention for the Protection of Plant Breeding of 2 December 1961 as amended by the Additional Act of 10 November 1972;
(iii) "Act of 1978" means the Act of 23 October 1978 of the International Convention for the Protection of Plant Breeding;
(iv) It is understood by "obtaining":
the person who created or discovered and developed a variety;
the person who is the employer of the person referred to above or who has ordered his or her work, where the legislation of the Contracting Party in question provides that the right of obstructor belongs to him or her, or
having the right or cause of the first or second person referred to above as the case;
(v) The right of obstructor shall be understood as the right of the obstructor provided for in this Convention;
(vi) Variety means a plant set of a lowest known botanical taxon that, whether or not it meets the conditions for the granting of a right of obstructor, may be:
- defined by the expression of the characters resulting from a certain genotype or a certain combination of genotypes;
― distinguished from any other plant set by the expression of at least one of these characters and
- considered to be an entity in respect of its ability to reproduce;
(vii) " Contracting Party " means a State, or an intergovernmental organization, party to this Convention;
(viii) "Territory" means, in relation to a Contracting Party where it is a State, the territory of that State and, when it is an intergovernmental organization, the territory on which it applies to you constituting the intergovernmental organization;
ix) "The service referred to in section 30.1. ii;
(x) "Union" means the International Union for the Protection of Plant Varieties founded by the 1961 Act and referred to in the 1972 Act, in the 1978 Act and in this Convention;
(xi) "Member of the Union" means a State Party to the 1961-1972 Act or to the 1978 Act, or a Contracting Party.
Article 2
Basic obligations of Contracting Parties
Each Contracting Party shall grant and protect its rights.
Article 3
Gender and species to be protected
1. States already members of the Union. Each Contracting Party that is bound by the 1961-1972 Act or the 1978 Act shall apply the provisions of this Convention:
(i) On the date on which it becomes bound by this Convention, to all types and plant species to which it applies, on that date, the provisions of the 1961-1972 Act or the 1978 Act and
(ii) No later than the expiry of a five-year period from that date to all types and plant species.
2. New members of the Union. Each Contracting Party that is not bound by the 1961/1972 Act or the 1978 Act shall apply the provisions of this Convention:
(i) On the date on which click becomes bound by this Convention, at least fifteen genera or plant species and
(ii) No later than the expiry of a period of ten years from that date, to all types and plant species.
Article 4
National treatment
1. Treatment. ― Nationals of a Contracting Party as well as natural persons having their domicile in the territory of that Contracting Party and legal persons having their seat in that territory shall, in the territory of each other Contracting Parties, enjoy, with regard to the granting and protection of the rights of obstructor, the treatment that the laws of that other Contracting Party shall grant or grant thereafter to its nationals, the whole without prejudice to
2. "National." - For the purposes of the preceding paragraph, "nationals" means when the Contracting Party is a State, the nationals of that State and, where the Contracting Party is an intergovernmental organization, the nationals of any of its member States.
Article 5
Conditions of protection
1. Criteria to be met. ― The right of breeder is granted when the variety is:
(i) new;
(ii) separate;
(iii) homogeneous and
(iv) stable.
2. Other conditions. ― The granting of the right of enforcer shall not depend on any additional or different conditions of the above mentioned, provided that the variety is designated by a denomination in accordance with the provisions of Article 20, that the obligor has satisfied the formalities provided for in the legislation of the Contracting Party to the service of which the application has been filed and that it has paid the taxes due.
Article 6
New
1. Criteria. ― The variety is deemed to be new if, on the date of filing of the application for the right to obtain reproduction or vegetative multiplication material or a crop product of the variety has not been sold or delivered to third parties in any other manner, by any breeder or with his or her consent, for the purposes of the operation of the variety:
(i) In the territory of the Contracting Party to which the application has been filed, for more than one year, and
(ii) In a territory other than that of the Contracting Party to which the application has been filed for more than four years or, in the case of trees and vines, for more than six years.
2. Recent creation varieties. ― Where a Contracting Party applies this Convention to a plant genus to which or a plant species to which it did not previously apply this Convention or an earlier Act, it may consider that a variety of recent creation existing on the date of that extension of protection meets the novelty requirement set out in paragraph 1 even if the sale or surrender to third parties described in that paragraph occurred before the time limits set out in that paragraph.
3. "Territories" in some cases. - For the purposes of paragraph 1, Contracting Parties which are member States of a single intergovernmental organization may, when the rules of that organization require it, act jointly to assimilate the acts carried out in the territories of the member States of that organization shall have the acts performed on their own territory; They shall notify the Secretary-General, where appropriate.
Article 7
Distinction
The variety is deemed to be distinct if it differs significantly from any other variety whose existence, on the filing date of the application, is notoriously known. In particular, the filing, in any country, of an application for the granting of a right of breeder for another variety or the registration of another variety on an official register of varieties is deemed to make that other variety known to be known from the date of the application, if it results in the granting of the right of breeder or the registration of that other variety on the official register.
Article 8
Uniformity
The variety is considered homogeneous if it is sufficiently uniform in its relevant characters, subject to the foreseeable variation given the particularities of its sex reproduction or vegetative multiplication.
Article 9
Stability
The variety is deemed to be stable if its relevant characters remain unchanged as a result of its successive reproductions or multiplications, or in the event of a particular cycle of reproductions or multiplications at the end of each cycle.
Article 10
Filing of applications
1. Place of first request. ― The obstructor has the right to choose the Contracting Party to the service of which he wishes to file his first request for the right to obtain.
2. Date of subsequent applications. ― The obstructor may request the granting of a right of obstruction to the services of other Contracting Parties without waiting for a right of obstructor to be granted by the service of the Contracting Party that received the first request.
3. Independence of protection. ― No Contracting Party may refuse to grant a right of obstacle or limit its duration on the grounds that the protection has not been requested for the same variety, has been denied or expired in another State or other intergovernmental organization.
Article 11
Right of priority
1. The right: its duration. ― The breeder who has regularly filed a request for protection of a variety with one of the Contracting Parties ("first request") shall, in order to make the filing of a request for the grant of a right to obtain for the same variety from the service of another Contracting Party ("subsequent request"), a priority right for a period of twelve months. This deadline is based on the date of filing the first application. The day of the deposit is not included within that time limit.
2. Claim of law. ― To benefit from the right of priority, the applicant must, in the subsequent application, claim the priority of the first application. The service to which the subsequent application has been filed may require the applicant to provide, within a period not less than three months from the date of filing of the subsequent application, a copy of the documents that constitute the first application, certified in accordance with the service to which it has been filed, as well as samples or other evidence other than the variety that is the subject of the two applications, is the same.
3. Documents and materials. ― The obstructor shall be granted a period of two years after the expiry of the priority period or, where the first application is rejected or withdrawn, of an appropriate period from the date of rejection or withdrawal to provide to the service of the Contracting Party to which it has filed the subsequent application any document or material required by the laws of that Contracting Party for the review under Article 12.
4. Events occurring during the priority period. ― Events occurring within the time limit set out in paragraph 1, such as the filing of another application or the publication or use of the variety that is the subject of the first application, are not a reason for rejecting the subsequent application. Nor can these events be born of third-party law.
Article 12
Consideration of the application
The decision to grant a right of authority requires a review of compliance with the conditions set out in sections 5 to 9. As part of this review, the service may culture the variety or perform the other necessary tests, conduct the required culture or other tests, or take into account the results of the crop tests or other tests already conducted. For the purpose of this review, the service may require the operator to obtain any necessary information, document or material.
Article 13
Provisional protection
Each Contracting Party shall take measures to safeguard the interests of the obstructor during the period between the filing of the request for the grant of a right of enforcer or its publication and the granting of the right. At a minimum, these measures will have the effect that the holder of an enforcer's right will be entitled to a fair remuneration received from the person who, in the above-mentioned interval, has performed acts that, after the grant of the right, require the authorization of the holder in accordance with the provisions of Article 14. A Contracting Party may provide that such measures shall take effect only in respect of persons to whom the applicant has notified the filing of the application.
Article 14
Extent of right to obstruct
1. Acts in respect of reproduction or multiplication material. (a) Subject to sections 15 and 16, the authorization of the breeder is required for the following acts in respect of the breeding or multiplication of the protected variety:
(i) Production or reproduction;
(ii) Packaging for reproduction or multiplication;
(iii) Offer for sale;
(iv) The sale or any other form of marketing;
(v) Export;
(vi) Import;
(vii) Detention for one of the purposes mentioned in points i to vi above.
(b) The obstructor may subject to conditions and limitations.
2. Acts in respect of the crop product. ― Subject to sections 15 and 16, the authorisation of the breeder is required for the acts referred to in paragraph 1 (i) to (vii) of the crop, including whole plants and parts of plants, obtained by unauthorized use of reproduction material or multiplication of the protected variety, unless the breeder reasonably has been able to exercise his right in relation to the said breeding or breeding material.
3. Acts in respect of certain products. ― Each Contracting Party may provide that, subject to Articles 15 and 16, the authorization of the breeder is required for the acts referred to in paragraph 1 (i) to (vii) has been made in respect of products manufactured directly from a crop product of the protected variety and covered by the provisions of paragraph 2 by unauthorized use of the said harvest product, unless the breeder reasonably has been able to exercise his or her right to harvest.
4. Possible additional acts. ― Each Contracting Party may provide that, subject to Articles 15 and 16, the authorization of the obstructor shall also be required for acts other than those referred to in points i to vii of paragraph 1 a.
5. Varieties derived and some other varieties. (a) The provisions of paragraphs 1 to 4 also apply:
(i) To varieties essentially derived from the protected variety, where it is not itself an essentially derivative variety;
(ii) Varieties that do not differ significantly from the protected variety in accordance with section 7, and
(iii) To varieties whose production requires repeated use of the protected variety.
(b) For the purposes of subparagraph (a) (i), a variety is deemed to be essentially derived from another variety ("initial variety") if
(i) It is mainly derived from the original variety, or from a variety that is itself derived primarily from the original variety while retaining the expressions of the essential characters that result from the genotype or genotype combination of the original variety;
(ii) It differs significantly from the original variety and
(iii) Except as to the differences resulting from derivation, they conform to the original variety in the expression of the essential characters that result from the genotype or combination of genotypes of the original variety.
(c) Essentially derived varieties can be obtained, for example, by selection of a natural or induced mutant or a somaclonal variant, selection of an individual that varies among the plants of the original variety, backstopping or genetic engineering transformation.
Article 15
Exceptions to the right of obstruction
1. Mandatory exceptions. ― The right of obstacle does not extend:
(i) For acts performed in a private setting for non-commercial purposes;
(ii) Experimental acts and
(iii) For acts performed for the purpose of creating new varieties and, unless the provisions of Article 14-5 are applicable, to the acts referred to in Article 14-1 to 4 performed with such varieties.
2. Optional exception. · In derogation from the provisions of Article 14, each Contracting Party may, within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder, restrict the right of breeder to any variety in order to allow farmers to use for the purposes of reproduction or multiplication, on their own exploitation, the product of the crop obtained by them by the cultivation, on their own exploitation, of the variety i
Article 16
Exhaustion of the right to obstruct
1. Exhaustion of law. ― The right of obstructor does not extend to acts relating to the material of its variety or variety referred to in Article 14.5 that has been sold or otherwise marketed in the territory of the Contracting Party concerned by the obstructor or with its consent, or material derived from that material, unless such acts:
(i) Implicate a new reproduction or multiplication of the variety in question or
(ii) Involve an export of variety material to reproduce the variety to a country that does not protect the varieties of the plant genus or plant species of which the variety is part, unless the material exported is intended for consumption.
2. Sense of "material". - For the purposes of paragraph 1 it is defined as "materials" in relation to a variety:
(i) Reproduction or vegetative multiplication material in any form;
(ii) The product of the harvest, including whole plants and parts of plants, and
(iii) Any product manufactured directly from the crop product.
3. Territories in some cases. - For the purposes of paragraph 1, Contracting Parties which are States members of a single intergovernmental organization may, when the rules of that organization require it, act jointly to assimilate the acts carried out in the territories of the States members of that organization to acts performed on their own territory; They shall notify the Secretary-General, where appropriate.
Article 17
Limitation of exercise of the right of obstruction
1. Public interest. ― Except as expressly provided for in this Convention, no Contracting Party may limit the free exercise of a right of obstacle other than for reasons of public interest.
2. Fair compensation. ― Where such a limitation has the effect of allowing a third party to perform any of the acts for which the authorization of the obligor is required, the Contracting Party concerned shall take all necessary measures to ensure that the obligor receives fair remuneration.
Article 18
Economic regulation
The right of obstructor is independent of the measures adopted by a Contracting Party to regulate in its territory the production, control and marketing of materials of varieties, or the import and export of such equipment. In any event, such measures shall not affect the application of the provisions of this Convention.
Article 19
Duration of the right to obstruct
1. Duration of protection. ― The right to obstruct is granted for a specified period of time.
2. Minimum duration. ― This period may not be less than twenty years, from the date of grant of the right to obtain. For trees and vines, this duration may not be less than 25 years, from that date.
Rule 20
Name of variety
1. Designation of varieties by denominations: use of the denomination. (a) The variety will be designated by a name intended to be its generic designation.
(b) Each Contracting Party shall ensure that, subject to paragraph 4, no right relating to the designation registered as the name of the variety shall enter into the free use of the denomination in relation to the variety, even after the expiry of the right to obtain.
2. Characteristics of the denomination. ― The name must identify the variety. It can only be composed of figures except when it is an established practice to designate varieties. It should not be likely to mislead or confuse the characteristics, value or identity of the variety or the identity of the breeder. In particular, it must be different from any denomination that designates, in the territory of any Contracting Party, a pre-existing variety of the same plant species or a neighbouring species.
3. Registration of the name. ― The name of the variety is proposed by the breeder at the service. If it is found that this denomination does not meet the requirements of subsection 2, the service refuses to register it and requires that the applicant propose, within a prescribed period, another denomination. The denomination is registered by the denomination at the same time as the right to obtain is granted.
4. Previous rights of third parties. – It is not infringed on the previous rights of third parties. If, under an earlier right, the use of the name of a variety is prohibited to a person who, in accordance with the provisions of paragraph 7, is obliged to use it, the service requires that the breeder propose another name for the variety.
5. Same name in all Contracting Parties. ― A variety may only be subject to requests to grant a right of obstruction to Contracting Parties under the same name. The service of each Contracting Party shall be required to register the name so proposed, unless it determines the non-convenence of that name in the territory of that Contracting Party. In this case, it requires that the breeder propose another name.
6. Mutual information of the services of the Contracting Parties. ∙ The service of a Contracting Party shall provide information to the services of other Contracting Parties relating to the various names, including the proposal, registration and delisting of names. Any service may provide any comments on the registration of a denomination to the service that communicated that denomination.
7. Obligation to use the name. ∙ The person who, in the territory of one of the Contracting Parties, proceeds to the sale or marketing of the reproduction or vegetative multiplication material of a protected variety in that territory is required to use the name of that variety, even after the expiry of the breeder's right in respect of that variety, provided that, in accordance with the provisions of paragraph 4, prior rights do not oppose that variety.
8. Indications used in combination with denominations. ― When a variety is offered for sale or marketed, it is permissible to associate a trade or trade mark, a trade name or a similar indication, with the registered varietal name. If such an indication is associated, the name must nevertheless be easily recognizable.
Article 21
Nullity of the right to obstruct
1. Reasons for invalidity. ― Each Contracting Party shall declare a right of obstruction that it has granted if it is proven:
(i) That the conditions set out in Articles 6 and 7 were not effectively fulfilled when granting the right to obstruct;
(ii) That, where the grant of the right of obstructor was essentially based on the information and documents provided by the obstructor, the conditions set out in sections 8 and 9 were not effectively met when the right of obstructor was granted, or
(iii) That the right of obstruction was granted to a person who was not entitled to it, unless it was transferred to the person entitled to it.
2. Exclusion of any other motive. ― No obstruction rights may be cancelled for other reasons than those mentioned in paragraph 1.
Article 22
Breeder's due
1. Reasons for loss. (a) Each Contracting Party may defraud the right it has granted to it if it is proven that the conditions set out in Articles 8 and 9 are no longer effectively fulfilled.
(b) In addition, each Contracting Party may defraud the right to which it has granted it if, within a prescribed period and after a stay:
(i) The breeder does not present to service the information, documents or material deemed necessary for the control of the maintenance of the variety;
(ii) The obligor has not paid the fees, if any, for the maintenance of his or her right, or
(iii) The breeder does not propose, in the event of the denomination of the variety after the grant of the law, another denomination that agrees.
2. Exclusion of any other motive. ― No obstructor may be deprived of his or her right for reasons other than those mentioned in paragraph 1.
Article 23
Members
The Contracting Parties are members of the Union.
Article 24
Legal status and internship
1. Legal personality. – The Union has the legal personality.
2. Legal capacity. ― The Union shall, in the territory of each Contracting Party, in accordance with the applicable laws of that territory, have the legal capacity to achieve its purpose and perform its functions.
3. Headquarters. ― The seat of the Union and its permanent bodies is in Geneva.
4. Siege agreement. ― The Union has a headquarters agreement with the Swiss Confederation.
Rule 25
Organs
The permanent bodies of the Union are the Council and the Bureau of the Union.
Rule 26
The Council
1. Composition. ― The Council is composed of representatives of the members of the Union. Each member of the Union shall appoint a representative to the Council and an alternate. Representatives or alternates may be accompanied by assistants or advisers.
2. President and Vice-Presidents. The Council shall elect a President and a First Vice-President from among its members. He can elect other vice-presidents. The first Vice-President shall supersede the President in the event of an impediment. The term of office of President is three years.
2. Sessions. ― The Council shall meet on the convocation of its President. It holds an ordinary session once a year. In addition, the President may convene the Council on his initiative; it must meet it within three months when at least one third of the members of the Union applied for it.
4. Comments. ― States not members of the Union may be invited to Council meetings as an observation. At these meetings may also be invited by other observers and experts.
5. Security Council missions. The Commission's missions are as follows:
(i) To study measures to safeguard and promote the development of the Union;
(ii) Establish its rules of procedure;
(iii) Appoint the Secretary-General and, if he considers it necessary, an Under-Secretary-General; set the conditions for their commitment;
(iv) Review the annual report of the Union and establish the programme of its future work;
(v) To provide the Secretary-General with all necessary directives to carry out the tasks of the Union;
(vi) Establish the administrative and financial regulations of the Union;
(vii) Review and approve the budget of the Union and determine the contribution of each member of the Union;
(viii) Review and approve the accounts submitted by the Secretary-General;
(ix) Set the date and venue of conferences provided for in Article 38 and take the necessary measures to prepare them, and
(x) In general, make all decisions for the smooth functioning of the Union.
6. Number of votes. (a) Each member of the Union who is a State has a vote on the Council.
(b) Any Contracting Party that is an intergovernmental organization may, on matters of its jurisdiction, exercise the voting rights of its member States that are members of the Union. Such an intergovernmental organization may not exercise the voting rights of its member States if its member States exercise their right to vote, and vice versa.
7. Majorities. any decision of the Council shall be taken by a simple majority of the votes cast; However, any decision of the Council under paragraphs 5, ii, vi and vii, and pursuant to articles 28.3, 29.5 b and 38.1 shall be taken by a three-quarters majority of the votes cast. Abstention is not considered a vote.
Rule 27
The Bureau of the Union
1. Missions and direction of the Office. ― The Bureau of the Union carries out all the tasks entrusted to it by the Council. It is headed by the Secretary-General.
2. Missions of the Secretary-General. The Secretary General is accountable to the Council; it ensures the execution of the decisions of the Council. It submits the budget to the Commission's approval and ensures its implementation. He reports on his management and on the activities and financial situation of the Union.
3. Personnel. ― Subject to the provisions of section 26.5 (iii), the terms and conditions of appointment and employment of staff members required for the proper functioning of the Office of the Union are determined by the administrative and financial regulations.
Rule 28
Languages
1. Bureau languages. ― The French, German, English and Spanish languages are used by the Bureau of the Union in carrying out its missions.
2. Languages in certain meetings. – Council meetings and review conferences are held in these four languages.
3. Other languages. ― The Commission may decide that other languages will be used.
Rule 29
Finance
1. Income. ― Union expenses are covered:
(i) By the annual contributions of the Member States of the Union;
(ii) Paying services;
(iii) Other income.
2. Contributions: units. (a) The share of each Member State of the Union in the total amount of annual contributions is determined by reference to the total amount of expenses to be covered by contributions from the Member States of the Union and the number of contribution units applicable to it under paragraph 3. This part is calculated in accordance with paragraph 4.
(b) The number of contribution units is expressed in whole numbers or in unit fractions, with no fractions less than one-fifth.
3. Contributions: share of each member. (a) The number of contribution units applicable to any member of the Union who is a party to the 1961-1972 Act or to the 1978 Act on the date on which he becomes bound by this Convention is the same as that which was applicable to him immediately before that date.
(b) Any Member State of the Union shall indicate at the time of its accession to the Union, in a statement addressed to the Secretary-General, the number of contribution units applicable to it.
(c) Any Member State of the Union may, at any time, indicate, in a statement addressed to the Secretary-General, a number of contribution units different from that applicable to it under subparagraphs (a) or (b) above. If it is made during the first six months of a calendar year, this declaration takes effect at the beginning of the following calendar year; otherwise, it takes effect at the beginning of the second calendar year following the year in which it is made.
4. Contributions: calculation of shares. (a) For each fiscal year, the amount of a contribution unit is equal to the total amount of expenses to be covered during this fiscal year using contributions from the Member States of the Union divided by the total number of units applicable to these Member States.
(b) The amount of the contribution of each Member State of the Union is equal to the amount of a contribution unit multiplied by the number of units applicable to that Member State.
5. Arranged contributions. (a) A Member State of the Union that is late in the payment of its contributions cannot — subject to the provisions of paragraph (b) — exercise its right to vote in the Council if the amount of its arrears is equal to or greater than that of the contribution it owes for the last full year. The suspension of the right to vote does not release that member State from its obligations and does not deprive it of any other rights arising from this Convention.
(b) The Council may authorize the said Member State of the Union to retain the exercise of its right to vote as long as it considers that the delay results from exceptional and inevitable circumstances.
6. Audit. ― The audit of the Union's accounts shall be carried out by a Member State of the Union in accordance with the terms set out in the Administrative and Financial Regulations. The Member State shall, with its consent, be designated by the Council.
7. Contributions from intergovernmental organizations. any Contracting Party that is an intergovernmental organization is exempt from the payment of contributions. If, however, it decides to pay contributions, the provisions of paragraphs 1 to 4 shall apply by analogy.
Rule 30
Implementation of the Convention
1. Implementation measures. ― Each Contracting Party shall take all necessary measures to implement this Convention, including:
(i) Provides appropriate legal remedies to effectively defend obstructor rights;
(ii) Establish a service to grant obstructor rights or charge the service established by another Contracting Party to grant such rights;
(iii) Ensure public information through the periodic publication of information on:
– Obtaining rights and rights issued, and
– the proposed and approved names.
2. Compliance with legislation. It is understood that at the time of the deposit of its instrument of ratification, acceptance, approval or accession, each State or intergovernmental organization must be in a position, in accordance with its legislation, to give effect to the provisions of this Convention.
Rule 31
Relations between Contracting Parties
and States bound by previous Acts
1. Relations between States bound by this Convention. ― Only this Convention shall apply between the Member States of the Union that are bound by both this Convention and an earlier Act of the Convention.
2. Possibility of relations with States not bound by this Convention. any Member State of the Union not bound by this Convention may declare, by a notification addressed to the Secretary-General, that it shall apply the last Act of the Convention by which it is bound in its relations with any member of the Union bound by this Convention only. Upon the expiration of a period of one month from the date of that notification and until the Member State of the Union that made the declaration becomes bound by this Convention, the said Member of the Union shall apply the last Act by which he is bound in his relations with each member of the Union bound by this Convention only, while the latter shall apply this Convention in his relations with it.
Rule 32
Special arrangements
Members of the Union reserve the right to make special arrangements for the protection of varieties, provided that such arrangements do not contravene the provisions of this Convention.
Rule 33
Signature
This Convention shall be open for signature by any State that is a member of the Union on the day of its adoption. It is open for signature until March 31, 1992.
Rule 34
Ratification, acceptance or approval: accession
1. States and some intergovernmental organizations. (a) Any State may, in accordance with this article, become a party to this Convention.
(b) Any intergovernmental organization may, in accordance with this article, become a party to this Convention:
(i) If it has jurisdiction over matters governed by this Convention;
(ii) If it has its own legislation providing for the granting and protection of rights of enforcer binding all its Member States, and
(iii) If it has been duly authorized, in accordance with its internal procedures, to accede to this Convention.
2. Accession intrusion. any State that has signed this Convention shall become a party to this Convention by depositing an instrument of ratification, acceptance or approval of this Convention. Any State that has not signed this Convention or any intergovernmental organization becomes a party to this Convention by depositing an instrument of accession to this Convention. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General.
3. Council Opinion. ― Any State that is not a member of the Union or any intergovernmental organization shall, before depositing its instrument of accession, request the advice of the Council on the conformity of its legislation with the provisions of this Convention. If the decision acting as a notice is positive, the instrument of accession may be deposited.
Rule 35
Reservations
1. Principle. ∙ Subject to the provisions of paragraph 2, no reservation shall be allowed to this Convention.
2. Exception possible. (a) Notwithstanding the provisions of section 3.1. Any State that, at the time it becomes a party to this Convention, is a party to the 1978 Act and which, with respect to vegetatively multiplied varieties, provides for protection in the form of an industrial property title other than a right of obstructor to the faculty to continue to provide for it without applying this Convention to the said varieties.
(b) Any State that takes precedence over this power shall notify the Secretary-General of this fact at the time that it deposits its instrument of ratification, acceptance or approval of this Convention or of accession to it. This State may, at any time, withdraw such notification.
Rule 36
Communications on legislation and gender
and protected species; information to be published
1. Initial notification. ∙ At the time of deposit of its instrument of ratification, acceptance or approval of this Convention or accession to it, each State or intergovernmental organization shall notify the Secretary-General of:
(i) Its legislation governing the rights of enforcers, and
(ii) The list of plant genes and species to which it will apply on the date it becomes bound by this Convention, the provisions of this Convention.
2. Notification of amendments. Each Contracting Party shall promptly notify the Secretary-General of:
(i) Any amendments to its legislation governing the rights of enforcer, and
(ii) Any extension of the application of this Convention to other types and plant species.
3. Publication of information. ∙ The Secretary-General shall publish, on the basis of communications received from the Contracting Party concerned, information on:
(i) The legislation governing the rights of obstructors and any amendments to this legislation, and
(ii) The list of plant genes and species referred to in paragraph 1(ii) and any extension referred to in paragraph 2(ii).
Rule 37
Entry into force;
inability to adhere to previous Acts
1. Initial entry into force. ― This Convention comes into force one month after five States have deposited their instruments of ratification, acceptance, approval or accession, provided that at least three of these instruments have been deposited by States parties to the 1961/1972 Act or the 1978 Act.
2. Coming into force thereafter. any State that is not affected by paragraph 1, or any intergovernmental organization, becomes bound by this Convention a month after the date on which that State or organization deposits its instrument of ratification, acceptance, approval or accession.
3. Impossibility of joining the 1978 Act. - No instrument of accession to the 1978 Act may be deposited after the entry into force of this Convention in accordance with paragraph 1; However, any State which, in accordance with the practice of the United Nations General Assembly, is considered to be a developing country may deposit such an instrument until 31 December 1995 and any other State may deposit such an instrument until 31 December 1993, even if this Convention comes into force before that date.
Rule 38
Revision of the Convention
1. Conference. ― This Convention may be revised by a conference of members of the Union. The convening of such a conference is decided by the Council.
2. Quorum and majority. ― The conference is validly deliberated only if at least half of the Member States of the Union are represented. To be adopted, a revised text of the Convention must collect a three-quarters majority of the Member States of the Union present and voting.
Rule 39
Waiver of the Convention
1. Notifications. any Contracting Party may denounce this Convention by a notification addressed to the Secretary-General. The Secretary-General shall promptly notify all members of the Union of this notification.
2. Previous acts. - Notification of the denunciation of this Convention shall also be deemed to constitute notification of the denunciation of any previous Act by which the Contracting Party denouncing this Convention is bound.
3. Effective date. - Denunciation shall take effect upon the expiration of the calendar year following the year in which the notification was received by the Secretary-General.
4. Fees acquired. ― Denunciation shall not affect the rights acquired in respect of a variety under this Convention or an Act before the date on which the denunciation takes effect.
Rule 40
Maintenance of acquired rights
This Convention shall not limit the rights of obstructor acquired either by virtue of the laws of the Contracting Parties, or by virtue of a previous Act, or by virtue of agreements, other than this Convention, which have taken place between members of the Union.
Rule 41
Original and official texts of the Convention
1. Original. ― This Convention is signed in an original copy in English, French and German, the French text making law in case of differences between the texts. Such a copy shall be deposited with the Secretary-General.
2. Official texts. ∙ The Secretary-General shall prepare, after consultation with the Governments of interested States and intergovernmental organizations, official texts of this Convention in the Arabic, Spanish, Italian, Japanese and Dutch languages and in the other languages that the Council may designate.
Rule 42
Functions of the depositary
1. Copy transmission. ∙ The Secretary-General shall transmit certified copies of this Convention to the States and intergovernmental organizations that have been represented at the Diplomatic Conference that adopted it and, upon request, to any other State and other intergovernmental organization.
2. Registration. ― The Secretary General shall register this Convention with the Secretariat of the United Nations.
Done on 5 July 2012.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
