(1) The purpose of this Convention is to recognize and ensure the right of the breeder of a new plant variety or his successor in title (hereinafter referred to as "the breeder") Under the following conditions.

(2) The States Parties to this Convention (hereinafter referred to as "States of the Union") Together constitute a Union for the Protection of New Varieties of Plants.

(3) The seat of the Union and its permanent organs shall be established in Geneva.

(1) Each State of the Union may recognize the right of the breeder provided for in this Convention by the grant of a particular title of protection or a patent. However, a State of the Union whose national law allows protection in these two forms must provide only one of them for the same genus or 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 system of reproduction or multiplication or a certain end use.

(1) Natural and legal persons having their domicile or registered office in one of the States of the Union shall enjoy, in the other States of the Union, in respect of the recognition and protection of the breeder's right, the treatment that the laws Of those States shall accord or grant to their nationals thereafter, without prejudice to the rights specifically provided for in this Convention and subject to the fulfilment of the conditions and formalities imposed on nationals.

(2) Nationals of the States of the Union having no domicile or seat in one of those States shall also enjoy the same rights, subject to satisfying the obligations which may be imposed on them in order to enable the examination of the varieties which they And the control of their multiplication.

(3) Notwithstanding the provisions of paragraphs (1) and (2), any State of the Union applying this Convention to a particular type or species shall have the right to limit the benefit of protection to nationals of the States of the Union applying the Convention to this type or species and to natural and legal persons having their domicile or registered office in one of these States.

(1) This Convention shall apply to all genera and botanical species.

(2) The States of the Union undertake to take all necessary measures to progressively apply the provisions of this Convention to the greatest number of genera and botanical species.

3)

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

(b)

Each State of the Union shall then apply the said provisions to other genera or species, within the following time limits on the date of entry into force of this Convention on its territory:

(i)

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

(ii)

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

(iii)

Within eight years, to at least twenty-four genera or species in total.

(c)

Where a State of the Union limits the application of this Convention within a genus or species in accordance with the provisions of Article 2 (2), that genus or species shall nevertheless be considered to be a genus or species for the purposes of Subparagraphs (a) and (b).

(4) At the request of a State intending to ratify, accept or approve this Convention or to accede to this Convention, the Council may, in order to take account of the particular economic or ecological conditions of that State, decide, in In favour of that State, to reduce the minimum numbers provided for in paragraph (3), to extend the time limits provided for in that paragraph, or to do both.

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

(1) The right granted to the breeder shall have the effect of submitting to his prior authorisation

-

The production for commercial flow purposes,

-

Marketing,

-

Commercialization

Material of reproduction or vegetative propagation, as such, of the variety.

Vegetative propagating material includes whole plants. The breeder's right extends to ornamental plants or parts of such plants normally marketed for purposes other than propagation, in the event that they are used commercially as propagating material for the purpose of Production of ornamental plants or cut flowers.

(2) The breeder may make his authorization subject to conditions which he defines.

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

(4) Each State of the Union may, either in its own legislation or in special arrangements within the meaning of Article 29, grant to breeders, for certain genera or botanical species, a wider right than that defined in paragraph (1). In particular, it can extend to the marketed product. A State of the Union granting such a right shall have the right to limit the benefit to nationals of the States of the Union granting the same right, as well as to natural or legal persons having their domicile or registered office in one of those States.

(1) The breeder shall enjoy the protection provided for in this Convention when the following conditions are met:

(a)

Whatever the origin, artificial or natural, of the initial variation which gave rise to it, the variety must be clearly distinguishable by one or more important characters of any other variety, the existence of which, at the time when the Protection is requested, is well known. This notoriety can be established by various references such as: culture or marketing already in progress, registration on an official register of varieties carried out or in progress, presence in a reference collection or precise description In a publication. The characters used to define and distinguish a variety must be capable of being recognized and described accurately.

(b)

On the date of filing of the application for protection in a State of the Union, the variety

(i)

Shall not have been offered for sale or marketed, with the agreement of the breeder, in the territory of that State-or, if the law of that State so provides, not for more than one year-and

(ii)

Shall not have been offered for sale or marketed, with the agreement of the breeder, in the territory of any other State for more than six years in the case of vines, forest trees, fruit trees and ornamental trees, including, In each case, their rootstocks, or for more than four years for other plants.

Any test of the variety that does not involve an offer for sale or marketing shall not be enforceable against the right to protection. The fact that the variety has become well known otherwise than by offering for sale or marketing is not unenforceable against the breeder's right to protection.

(c)

The variety must be sufficiently homogeneous, taking into account the particularities of its sexual reproduction or vegetative propagation.

(d)

The variety must be stable in its essential characters, that is to remain in conformity with its definition, as a result of its successive reproductions or multiplications, or, where the breeder has defined a particular cycle of reproductions or Multiplications at the end of each cycle.

(e)

The variety must be named in accordance with the provisions of Article 13.

(2) The grant of protection may depend on conditions other than those mentioned above, provided that the breeder has complied with the formalities laid down in the national law of the State of the Union in which the application for protection has Filed, including the payment of fees.

(1) Protection shall be granted after examination of the variety according to the criteria laid down in Article 6. This review should be appropriate for each botanical genus or species.

(2) For the purpose of this examination, the competent services of each State of the Union may require the breeder to obtain all necessary information, documents, plants or seeds.

(3) Any State of the Union may take measures to defend the breeder against the abusive conduct of third parties which occurs during the period between the filing of the application for protection and the decision concerning it.

The right granted to the breeder shall be granted for a limited period. It shall not be less than fifteen years from the date of issue of the title of protection. For vines, forest trees, fruit trees and ornamental trees, including, in each case, their rootstocks, the term of protection cannot be less than eighteen years from that date.

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

(2) Where such limitation occurs in order to ensure the dissemination of the variety, the State of the Union concerned shall take all necessary measures to ensure that the breeder receives equitable remuneration.

(1) The breeder's right shall be declared null and void, in accordance with the provisions of the national law of each State of the Union, if it is established that the conditions laid down in Article 6 (1) (a) and (b) were not actually complied with at the time of issue The title of protection.

(2) The breeder who is not in a position to submit to the competent authority the reproduction or multiplication material to obtain the variety with his or her characters as defined at the time of protection is forfeit to the competent authority. Has been granted.

(3) The breeder may be deprived of his right:

(a)

Which does not submit to the competent authority within a prescribed period and after formal notice the reproduction or multiplication material, the documents and information deemed necessary for the control of the variety, or does not permit the inspection of the Measures taken to conserve the variety;

(b)

Which has not paid within the prescribed time the fees due, where applicable, for the maintenance in force of its rights.

(4) The breeder's right may not be revoked and the breeder may not be deprived of his right for reasons other than those referred to in this Article.

(1) The breeder shall have the right to choose the State of the Union in which he wishes to file his first application for protection.

(2) The breeder may apply to other States of the Union for the protection of his right without waiting for a title of protection to be granted to him by the State of the Union in which the first application has been filed.

(3) The protection sought in different States of the Union by natural or legal persons admitted for the benefit of this Convention shall be independent of the protection obtained for the same variety in other States belonging to or not belonging to the The Union.

(1) The breeder who has regularly made the filing of an application for protection in one of the States of the Union shall enjoy, in order to make the deposit in the other States of the Union, a right of priority for a period of twelve months. This period shall be counted from the date of filing of the first application. The day of filing is not included within this time limit.

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

(3) The breeder shall have a period of four years after the expiration of the priority period in order to provide the State of the Union with a request for protection under the conditions provided for in paragraph (2), the additional documents And the material required by the laws and regulations of that State. However, that State may require the furnishing within an appropriate period of additional documents and of the material if the application whose priority is claimed has been refused or withdrawn.

(4) The facts that have arisen within the time limit set out in paragraph (1), such as another filing, the publication of the subject matter of the application or its exploitation, shall not be relied upon against the deposit made under the above conditions. These facts may not give rise to any right to third parties or personal possession.

(1) The variety shall be designated by a name intended to be its generic designation. Each State of the Union shall ensure that, subject to paragraph (4), no right in respect of the designation registered as the denomination of the variety prevents the free use of the denomination in relation to the variety, even after Expiration of protection.

(2) The denomination shall identify the variety. It can only consist of figures except when it is a practice established to designate varieties. It shall not be liable 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 name which designates, in any of the States of the Union, a pre-existing variety of the same botanical species or of a neighbouring species

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

(4) Prior rights of third parties shall not be infringed. If, under an earlier right, the use of the denomination of a variety is prohibited to a person who, in accordance with the provisions of paragraph (7), is obliged to use it, the service provided for in Article 3 (1) (b) requires that the breeder Proposes a different denomination for the variety.

(5) A variety may be filed in the States of the Union only under the same name. The service provided for in Article 3 (1) (b) shall be required to register the name so filed, unless it finds the non-suitability of that name in its State. In this case, it may require the breeder to propose another denomination.

(6) The service provided for in Article 30. (1) (b) shall provide for the communication to other services of information relating to variety denominations, including the filing, registration and cancellation of names. Any service provided for in Article 37 (1) (b) may transmit its possible comments on the registration of a name to the service which has communicated this name.

(7) The person who, in one of the States of the Union, makes the marketing or marketing of the material for the reproduction or vegetative propagation of a protected variety in that State shall be obliged to use the name of that variety, even After the expiration of the protection of that variety, provided that, in accordance with the provisions of paragraph (4), prior rights do not preclude such use.

(8) Where a variety is offered for sale or marketed, it is permissible to associate a trademark, trade name or similar indication to the registered variety denomination. If such an indication is thus associated, the name must nevertheless be easily recognisable.

(1) The right conferred on the breeder in accordance with the provisions of this Convention shall be independent of the measures adopted in each State of the Union with a view to regulating the production, control and marketing of seeds and plants.

(2) However, the latter measures shall, as far as possible, avoid impeding the application of the provisions of this Convention.

The permanent bodies of the Union shall be:

(a)

The Council;

(b)

The General Secretariat, the Office of the International Union for the Protection of New Varieties of Plants.

(1) The Council shall consist of representatives of the States of the Union. Each State of the Union shall appoint one representative to the Council and one alternate.

(2) Representatives or substitutes may be accompanied by assistants or advisers.

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

(1) States not members of the Union who are signatories to this Act shall be invited as observers to the meetings of the Council.

(2) Such meetings may also be invited by other observers or experts.

(1) The Council shall elect from among its members a Chairman and a first Vice-Chairperson. It may elect other Vice-Presidents. The first Vice-Chair shall replace the President in case of incapacity.

(2) The term of office of the President shall be three years.

(1) The Council shall meet on convocation by its President.

(2) It shall hold an ordinary session once a year. In addition, the President may convene the Council on his own initiative; he must convene it within three months when at least one third of the States of the Union have requested it.

The Council shall establish its rules of procedure and the administrative and financial regulation of the Union.

The Council's missions are as follows:

(a)

Consider measures to safeguard and promote the development of the Union;

(b)

Appoint the Secretary-General and, if he considers it necessary, an Under-Secretary-General; set the conditions for their engagement;

(c)

Review the annual activity report of the Union and prepare the programme for the future work of the Union;

(d)

Give the Secretary-General, whose powers are laid down in Article 23, any directives necessary for the performance of the tasks of the Union;

(e)

To examine and approve the Union budget and, in accordance with the provisions of Article 26, to determine the contribution of each State of the Union;

(f)

Review and approve the accounts submitted by the Secretary-General;

(g)

Set, in accordance with the provisions of Article 27, the date and place of the conferences provided for in that Article and take the necessary measures to prepare them;

(h)

In general, take all decisions for the proper functioning of the Union.

Any decision of the Board shall be made by a simple majority of the members present and voting; however, any decision of the Board under sections (4.4), 20, 21 (e), 26.5) (b), 27.1), 28.3) or 32.3 shall be taken by a majority of three-fourths of the members Present and voting. Abstentions shall not be considered as voting.

(1) The Bureau of the Union shall carry out all the tasks entrusted to it by the Council. It is headed by the Secretary-General.

(2) The Secretary-General shall be responsible to the Council for the implementation of the decisions of the Council. It submits the budget to the Council for approval and ensures its implementation. It shall report annually to the Council on its management and submit a report on the activities and financial situation of the Union.

(3) Subject to the provisions of Article 21 (b), the conditions of appointment and employment of the staff members necessary for the proper functioning of the Bureau of the Union shall be laid down in the Administrative and Financial Regulation provided for in Article 20.

(1) The Union shall have legal personality.

(2) The Union shall enjoy in the territory of each State of the Union, in accordance with the laws of that State, the legal capacity necessary to attain its purpose and perform its functions.

(3) The Union shall conclude a headquarters agreement with the Swiss Confederation.

The audit of the accounts of the Union shall be carried out in accordance with the procedures laid down in the administrative and financial regulation referred to in Article 20 by a State of the Union. This State is, with its consent, designated by the Council.

1) The expenses of the Union shall be covered:

-

By the annual contributions of the States of the Union;

-

By the payment of services;

-

By miscellaneous income.

2)

(a) The share of each State of the Union in the total amount of annual contributions shall be determined by reference to the total amount of expenditure to be covered by the contributions of the States of the Union and the number of contribution units which are Applicable under paragraph (3). Ladite is. Calculated in accordance with paragraph (4).

(b)

The number of contribution units is expressed in whole numbers or unit fractions provided that the number is not less than one fifth.

3)

(a) In respect of any State forming part of the Union on the date on which this Act enters into force in respect of that State, the number of contribution units applicable to that State shall be the same as that applicable to it, Immediately before that date, under the terms of the 1961 Convention, as amended by the Additional Act of 1972.

(b)

As regards any other State, it shall indicate at the time of its accession to the Union, in a declaration addressed to the Secretary-General, the number of contribution units applicable to it.

(c)

Any State of the Union may, at any time, indicate, in a declaration addressed to the Secretary-General, a number of units of contribution other than that applicable to it under paragraphs (a) or (b) above. If it is made during the first six months of a calendar year, that declaration shall take effect at the beginning of the following calendar year; if it does not, it shall take effect at the beginning of the second calendar year following the year in which it Is done.

4)

(a) For each budgetary year, the amount of a contribution unit shall be equal to the total amount of expenditure to be covered during that financial period using 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 a contribution unit multiplied by the number of units applicable to that State.

5)

(a) A State of the Union which is late in payment of its contributions shall not-subject to the provisions of paragraph (b) - exercise its right to vote in the Council if the amount of its arrears equals or exceeds the amount of the contributions of which it is For the last two full years. The suspension of the right to vote shall not release that State from its obligations and shall not deprive it of other rights arising out of this Convention.

(b)

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

(1) This Convention may be revised by a conference of the States of the Union. The convening of such a conference shall be decided by the Council.

(2) The conference shall be valid only if at least half of the States of the Union are represented. To be adopted, the revised text of the Convention must collect the majority of the five-sixths of the Union states represented at the conference.

(1) The French, German and English languages shall be used by the Bureau of the Union in the performance of its tasks.

(2) The meetings of the Council and the conferences of revision shall be held in these three languages.

(3) The Council may decide, as appropriate, that other languages shall be used.

The States of the Union reserve the right to enter into special arrangements for the protection of plant varieties, provided that such arrangements do not contravene the provisions of this Convention.

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

(a)

Provides for appropriate legal remedies for the effective defence of the rights provided for in this Convention;

(b)

Establish a special service for the protection of plant varieties or charge an existing service of that protection;

(c)

Ensures the communication to the public of information relating to such protection and at least the periodical publication of the list of titles of protection issued.

(2) Specific agreements may be concluded between the competent services of the States of the Union with a view to the common use of services for the examination of varieties, provided for in Article 7, and to the collection of collections and Necessary reference documents.

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

This Act shall be open for signature by any State of the Union and any other State which has been represented at the Diplomatic Conference which has adopted this Act. It is open for signature until October 31, 1979.

(1) Any State shall express its consent to be bound by this Act by filing:

(a)

An instrument of ratification, acceptance or approval if it has signed this Act, or

(b)

Of an instrument of accession if it has not signed this Act.

(2) Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General.

(3) Any State which is not a member of the Union and which has not signed this Act requires, before the deposit of its instrument of accession, the opinion of the Council on the conformity of its legislation with the provisions of this Act. If the decision as an opinion is positive, the instrument of accession may be deposited.

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

(a)

The number of instruments of ratification, acceptance, approval or accession is at least five;

(b)

At least three of those instruments are deposited by States party to the 1961 Convention.

(2) In respect of any State which deposits its instrument of ratification, acceptance, approval or accession after the requirements of paragraph (1) (a) and (b) have been complied with, 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), no State shall accede to the 1961 Convention as amended by the Additional Act of 1972.

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

(2) Any State of the Union not bound by this Act ("the first State") may, by a notification addressed to the Secretary-General, declare that it will apply the 1961 Convention as amended by the Additional Act of 1972 in its relations with any State Bound by this Act which becomes a member of the Union by ratifying, accepting or approving this Act or by acceding to it ("the second State"). From the expiration of one month from the date of such notification and until the entry into force of this Act in respect thereof, the first State shall apply the 1961 Convention as amended by the Additional Act of 1972 in its relations with the Second State, while the latter applies this Act in its relations with the first State.

(1) At the time of deposit of its instrument of ratification, acceptance or approval of this Act or of accession to this Act, each State which is not already a member of the Union shall notify the Secretary-General of the list of the genera and species to which it Shall apply, at the time of entry into force of this Act in respect thereof, the provisions of this Convention.

(2) The Secretary-General shall publish, on the basis of communications received from the State of the Union concerned, information on:

(a)

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

(b)

Any use of the faculty provided for in section 3.3);

(c)

The use of any faculty granted by the Board under section 4.4) or 5);

(d)

Any use of the faculty provided for in the first sentence of Article 5 (4), specifying the nature of the extended rights and specifying the types and species to which those rights apply;

(e)

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

(f)

The fact that the law of that State contains a provision permitted under Article 6 (1) (b) (i) and the duration of the period granted;

(g)

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

(1) Any State may declare in its instrument of ratification, acceptance, approval or accession, or may inform the Secretary-General in writing at any time thereafter, that this Act is applicable to all or part of the Territories, Designated in the declaration or notification.

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

3)

(a) Any declaration made under paragraph (1) shall take effect on the same date as the ratification, acceptance, approval or accession in the instrument of which it was included, and any notification made under that paragraph Takes effect three months after its notification by the Secretary-General.

(b)

Any notification made under paragraph (2) shall take effect twelve months after its receipt by the Secretary-General.

(1) Notwithstanding the provisions of Article 2 (1), any State which, before the expiration of the period during which this Act is opened for signature, provides for the protection in the various forms referred to in Article 2 (1) for the same kind or May continue to provide that, upon signature of this Act or the deposit of its instrument of ratification, acceptance or approval of this Act, or of accession to this Act, it shall notify the Secretary-General accordingly.

(2) If protection is sought, in a State of the Union to which paragraph (1) applies, under patent law, that State may, notwithstanding the provisions of Article 6 (1) (a) and (b) and Article 8, apply the criteria of Patentability and the term of protection of patent law to varieties protected under this Act.

(3) The said State may, at any time, notify the Secretary-General of the withdrawal of its notification under paragraph (1). Such withdrawal shall take effect on the date indicated by that State in its notification of withdrawal.

Notwithstanding the provisions of Article 6, any State of the Union shall have the right, without the result of any obligation for the other States of the Union, to limit the requirement of novelty provided for in the aforementioned Article, in respect of varieties of creation Of the present Convention at the time when the said State applies for the first time the provisions of this Convention to the kind or species to which such varieties belong.

This Convention shall not affect the rights acquired either under the national laws of the States of the Union or as a result of agreements between those States.

No reservations to this Convention shall be permitted.

(1) This Convention shall be concluded without limitation.

(2) Any State of the Union may denounce this Convention by a notification addressed to the Secretary-General. The Secretary-General shall, without delay, notify all States of the Union of such notification.

(3) 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) Denunciation shall not affect any rights acquired in respect of a variety in the context of this Convention before the date on which the denunciation takes effect.

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

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

(3) The Secretary-General shall, after consultation with the Governments of the States concerned that were represented at the said Conference, establish official texts in the Arabic, Spanish, Italian, Japanese and Netherlands languages, and in the other languages Languages which the Council may designate.

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

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

(Suivent signatures)