For the purposes of this Act:

(i)

"This Convention" means the present (1991) Act of the International Convention for the Protection of New Varieties of Plants;

(ii)

"Act of 1961/1972" means the International Convention for the Protection of New Varieties of Plants of 2 December 1961 ¹ Amended by the Additional Act of November 10, 1972 ² ;

(iii)

"Act of 1978" means the Act of October 23, 1978, of the International Convention for the Protection of New Varieties of Plants ³ ;

(iv)

"Breeder" means:

-

The person who created or discovered and developed a variety,

-

The person who is the employer of the aforementioned person or who has ordered his work, where the law of the Contracting Party in question provides that the breeder's right belongs to him, or

-

The person who is entitled to, or the successor to, the former or second person, as the case may be;

(v)

"Breeder's right" means the breeder's right provided for in this Convention;

(vi)

"Variety" means a plant set of a botanical taxon of the lowest known rank which, whether or not it fully meets the conditions for the grant of a breeder's right, may be:

-

Defined by the expression of characters resulting from a certain genotype or a certain combination of genotypes,

-

Distinguished from any other plant by the expression of at least one of the said characters, and

-

Considered to be an entity having regard to its ability to be reproduced in conformity;

(vii)

"Contracting Party" means a State, or an intergovernmental organization, party to this Convention;

(viii)

"Territory" means, in relation to a Contracting Party, where the Contracting Party is a State, the territory of that State and, where it is an intergovernmental organization, the territory on which the constituent treaty applies This intergovernmental organization;

(ix)

"Service" means the service referred to in s. 30.1) (ii);

X)

"Union" means the International Union for the Protection of New Varieties of Plants founded by the Act of 1961 and referred to in the 1972 Act, the 1978 Act and the present Convention;

(xi)

"Member of the Union" means a State party to the Act of 1961/1972 or to the 1978 Act, or a Contracting Party.

Each Contracting Party shall grant and protect breeder's rights.

(1) States already members of the Union: Each Contracting Party which is bound by the Act of 1961/1972 or by the 1978 Act shall apply the provisions of this Convention,

(i)

On the date on which it becomes bound by this Convention, to all kinds and plant species to which it applies, on that date, the provisions of the Act of 1961/1972 or of the 1978 Act and,

(ii)

No later than five years from that date, to all plant genera and species.

(2) New members of the Union: Each Contracting Party which is not bound by the Act of 1961/1972 or by the 1978 Act shall apply the provisions of this Convention,

(i)

On the date on which it becomes bound by this Convention, to at least 15 plant genera or species, and,

(ii)

No later than 10 years from that date, to all plant genera and species.

(1) Processing: The nationals of a Contracting Party as well as natural persons having their domicile in the territory of that Contracting Party and the legal persons having their registered office in that Contracting Party shall enjoy, in the territory of each other Contracting Parties, in respect of the grant and protection of the breeder's rights, of the treatment which the laws of that other Contracting Party shall accord or grant to its nationals, without prejudice to the rights provided by This Convention and subject to the performance by those nationals and those Natural or legal persons of the conditions and formalities imposed on nationals of the other Contracting Party.

(2) "Nationals": For the purposes of the preceding paragraph, "nationals" means, where 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 States Members.

(1) Criteria to be completed: The breeder's right shall be granted where the variety is

(i)

New;

(ii)

Separate;

(iii)

Homogeneous; and

(iv)

Stable.

(2) Other conditions: The grant of the breeder's right may not depend on additional or different conditions than those mentioned above, provided that the variety is designated by a name in accordance with the provisions of Art. 20, that the breeder has complied with the formalities prescribed by the law of the Contracting Party to the service of which the application was filed and that he has paid the fees due.

(1) Criteria: The variety shall be deemed to be new if, on the date of filing of the application for the right of the breeder, the reproductive or vegetative propagating material or a harvest product of the variety has not been sold or given to third parties in any other way, by The breeder or with his or her consent for the exploitation 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 creation Existing at the date of this extension of protection satisfies the condition of novelty defined in par. (1) even if the sale or surrender to third parties described in that paragraph took place before the time limits defined in that paragraph.

(3) "Territories" in certain cases: For the purposes of s. (1) Contracting Parties which are member States of a single intergovernmental organization may, where the rules of that organization so require, act jointly to assimilate acts performed in the territories of the States members of that organization in acts carried out in their own territory; they shall, where appropriate, notify the Secretary-General of such assimilation.

The variety is deemed to be distinct if it is clearly distinguishable from any other variety whose existence, on the date of filing of the application, is well known. In particular, the filing, in any country, of an application for the grant of a breeder's right for another variety or for the recording of another variety on an official register of varieties shall be deemed to make that other variety well known from The date of the application, if the application results in the grant of the breeder's right or the registration of that other variety on the official register of varieties, as the case may be.

The variety shall be deemed to be uniform if it is sufficiently uniform in its relevant characteristics, subject to foreseeable variation, taking into account the particularities of its sexual reproduction or its vegetative propagation.

The variety is deemed to be stable if its relevant characters remain unchanged following its successive reproductions or multiplications, or, in the case of a particular cycle of reproduction or multiplication, at the end of each cycle.

(1) Place of first application: The breeder shall have the right to choose the Contracting Party from which he wishes to file his first application for the breeder's right.

(2) Date of subsequent applications: The breeder may request the grant of a breeder's right with the services of the other Contracting Parties without waiting for a breeder's right to be granted by the service of the Contracting Party that received the first application.

(3) Independence of Protection: No Contracting Party may refuse to grant a breeder's right or limit its duration on the ground that the protection has not been applied for for the same variety, has been refused or has expired in another State or organization Intergovernmental.

(1) The right; its duration: The breeder who has regularly filed an application for the protection of a variety with one of the Contracting Parties ("first application") shall enjoy, in order to make the filing of an application for the grant of a breeder's right for the same variety With the service of another Contracting Party ("subsequent application"), of a right of priority for a period of 12 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) Claiming the right: In order to benefit from the right of priority, the breeder must, in the subsequent application, claim the priority of the first application. The service with which the subsequent application has been filed may require the applicant to provide, within a time limit which may not be less than three months from the filing date of the subsequent application, a copy of the documents that constitute The first application, certified by the service with which it was filed, as well as samples or any other evidence that the variety which is the subject of the two applications is the same.

(3) Documents and materials: The breeder shall have a period of two years after the expiration of the priority period or, where the first application is refused or withdrawn, from an appropriate time limit from the refusal or withdrawal to provide the service of the Contracting Party with the Of which he filed the subsequent application, any information, document or material required by the laws of that Contracting Party for examination under s. 12.

(4) Events occurring during the priority period: Events occurring within the time limit set by s. 1), such as the filing of another application, or the publication or use of the variety which is the subject of the first application, do not constitute grounds for the rejection of the subsequent application. Nor can these events give rise to the rights of third parties.

The decision to grant a breeder's right requires a review of compliance with the requirements of s. 5 to 9. As part of this examination, the service may put the variety in culture or carry out the other necessary tests, carry out the cultivation or other necessary tests, or take into account the results of the tests in culture or Other tests already performed. For the purpose of this review, the service may require the breeder to provide any necessary information, document or material.

Each Contracting Party shall take measures to safeguard the interests of the breeder during the period between the filing of the application for grant of a breeder's right or its publication and the grant of the right. As a minimum, these measures will have the effect that the holder of a breeder's right will be entitled to a fair remuneration from that which, in the meantime, has carried out acts which, after the grant of the right, require authorisation Of the breeder in accordance with the provisions of Art. 14. A Contracting Party may provide that such measures shall take effect only in respect of the persons to whom the breeder has notified the filing of the application.

(1) Acts in respect of reproductive or propagating material:

(a)

Subject to Art. 15 and 16, the authorization of the breeder is required for the following acts performed in respect of the material of reproduction or multiplication of the protected variety:

(i)

Production or reproduction,

(ii)

Packaging for the purpose of reproduction or multiplication,

(iii)

The offer for sale,

(iv)

Sale or any other form of marketing,

(v)

Export,

(vi)

Import,

(vii)

Detention for any of the purposes mentioned in (i) to (vi) above.

(b)

The breeder may make his authorization subject to conditions and limitations.

(2) Acts with respect to the harvest product: Subject to Art. 15 and 16, the authorization of the breeder is required for the acts referred to in items (i) to (vii) of s. (1) (a) performed in respect of the product of the harvest, including whole plants and parts of plants, obtained by unauthorized use of reproduction or propagation material of the protected variety, unless the breeder has Reasonably able to exercise its right in relation to such reproduction or multiplication material.

(3) Acts in respect of certain products: Each Contracting Party may provide that, subject to s. 15 and 16, the authorization of the breeder is required for the acts referred to in items (i) to (vii) of s. (1) (a) performed in respect of products manufactured directly from a harvest product of the protected variety covered by the provisions of s. (2) by unauthorised use of the said harvest product, unless the breeder has reasonably been able to exercise his right in relation to the said harvest product.

(4) Potential additional acts: Each Contracting Party may provide that, subject to s. 15 and 16, the permission of the breeder is also required for acts other than those mentioned in items (i) to (vii) of s. 1) a).

(5) Derived Varieties and certain other varieties:

(a)

The provisions of s. (1) to (4) also apply:

(i)

Varieties essentially derived from the protected variety, where the protected variety is not itself a mainly derived variety,

(ii)

Varieties which are not clearly distinguishable from the protected variety in accordance with Art. 7 and

(iii)

Varieties whose production requires repeated use of the protected variety.

(b)

For the purposes of subpara. (a) (i) a variety is deemed to be essentially derived from another variety ("initial variety") if

(i)

It is derived primarily from the initial variety, or from a variety which is itself primarily derived from the initial variety, while retaining the expressions of the essential characters resulting from the genotype or combination of Genotypes of the initial variety,

(ii)

It is clearly distinguished from the initial variety and,

(iii)

Except for the differences resulting from the derivation, it is consistent with the initial variety in the expression of essential characters resulting from the genotype or combination of genotypes of the initial 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 among the plants of the initial variety, backcrossing or transformation By genetic engineering.

(1) Mandatory Exceptions: The breeder's right does not extend

(i)

Acts carried out in a private framework for non-commercial purposes;

(ii)

Acts performed on an experimental basis; and

(iii)

Acts carried out for the purposes of the creation of new varieties and, unless the provisions of Art. 14.5) shall not apply to the acts referred to in s. 14.1) to 4) performed with such varieties.

(2) Optional Exception: In derogation from the provisions of Art. 14, each Contracting Party may, within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder, restrict the breeder's right to any variety in order to enable farmers to use For the purposes of reproduction or multiplication, on their own exploitation, the product of the harvest which they have obtained through the cultivation, on their own operation, of the protected variety or of a variety referred to in Art. 14.5) (i) or (ii).

(1) Exhaustion of the law: The breeder's right shall not extend to acts concerning the material of its variety or a variety referred to in Art. 14.5) which has been sold or otherwise marketed in the territory of the Contracting Party concerned by the breeder or with his consent, or material derived from that material, unless such acts

(i)

Involve a new reproduction or multiplication of the variety in question; or

(ii)

Involve the export of material of the variety to reproduce the variety to a country which does not protect the varieties of the plant genus or plant species of which the variety is a part, unless the material exported is for the purpose of Consumption.

(2) Meaning of "material": For the purposes of s. 1), "material" means, in relation to a variety

(i)

Reproductive or vegetative propagating material, in any form,

(ii)

The product of the harvest, including whole plants and plant parts, and

(iii)

Any product manufactured directly from the harvest product.

(3) "Territories" in certain cases: For the purposes of s. (1) Contracting Parties which are member States of a single intergovernmental organization may, where the rules of that organization so require, act jointly to assimilate acts performed in the territories of the States members of that organization in acts carried out in their own territory; they shall, where appropriate, notify the Secretary-General of such assimilation.

(1) Public interest: Except as expressly provided in this Convention, no Contracting Party may limit the free exercise of a breeder's right other than for reasons of public interest.

(2) Fair pay: Where such a limitation has the effect of allowing a third party to carry out any of the acts for which the authorization of the breeder is required, the Contracting Party concerned shall take all necessary measures to ensure that the breeder Receive equitable remuneration.

The breeder's right shall be independent of the measures adopted by a Contracting Party with a view to regulating in its territory the production, control and marketing of the material of the varieties, or the import and export of such material. In any event, such measures shall not affect the application of the provisions of this Convention.

(1) Term of Protection: The breeder's right is granted for a specified period of time.

(2) Minimum Duration: This period shall not be less than 20 years from the date of grant of the breeder's right. For trees and vines, this period cannot be less than 25 years from that date.

(1) Designation of varieties by names; use of demnomin A Tion:

(a)

The variety will be designated by a name to be its generic designation.

(b)

Each Contracting Party shall ensure that, subject to subs. (4), no right in respect of the registered designation as the denomination of the variety shall interfere with the free use of the denomination in relation to the variety, even after the expiration of the breeder's right.

(2) Characteristics of the name: The denomination must be able to 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 the territory of any of the Contracting Parties, a pre-existing variety of the same plant species or a neighbouring species.

(3) Registration of the name: The denomination of the variety is proposed by the breeder to the service. If it is found that the name does not meet the requirements of s. 2), the service shall refuse to register it and shall require the breeder to propose, within a prescribed period, another denomination. The name shall be registered by the latter at the same time as the breeder's right is granted.

(4) Prior rights of third parties: 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 par. 7), is obliged to use it, the service requires the breeder to propose another denomination for the variety.

(5) Same name in all Contracting Parties: A variety may be subject to applications for the grant of a breeder's right to the Contracting Parties only under the same name. The service of each Contracting Party shall be required to register the proposed name, unless it finds the non-suitability of that name in the territory of that Contracting Party. In this case, it requires the breeder to propose another denomination.

(6) Mutual Information of the Services of the Contracting Parties: The service of a Contracting Party shall ensure the communication to the services of the other Contracting Parties of information relating to variety denominations, including the proposal, the registration and the cancellation of names. Any service may submit its possible comments on the registration of a name to the service which has communicated this name.

(7) Obligation to use the name: A person who, in the territory of one of the Contracting Parties, makes the sale or marketing of the material for the reproduction or vegetative propagation of a protected variety in that territory shall be required to use the Denomination 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 par. 4), prior rights do not preclude such use.

(8) Indications used in association with names: 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) Grounds for invalidity: Each Contracting Party shall declare a breeder's right which it has granted if it has been established

(i)

The conditions laid down in Art. 6 and 7 were not in fact fulfilled when granting the right of breeders;

(ii)

Where, where the grant of the breeder's right has been essentially based on the information and documents supplied by the breeder, the conditions laid down in Art. 8 and 9 were not in fact fulfilled when granting the right of breeders; or

(iii)

That the breeder's right was granted to a person who was not entitled to it, unless he or she is transferred to the person entitled to it.

(2) Exclusion of any other reason: No breeder's right may be cancelled for reasons other than those mentioned in par. 1).

(1) Grounds for revocation:

(a)

Each Contracting Party may deprive the breeder of the right granted to it if it is established that the conditions laid down in Art. 8 and 9 are no longer effectively fulfilled.

(b)

In addition, each Contracting Party may deprive the breeder of the right granted to it if, within a prescribed period and after formal notice:

(i)

The breeder does not present to the service the information, documents or material deemed necessary for the control of the maintenance of the variety,

(ii)

The breeder has not paid the fees due, where applicable, for the maintenance of his right, or

(iii)

The breeder does not propose, in the case of cancellation of the denomination of the variety after the grant of the right, another suitable denomination.

(2) Exclusion of any other reason: No breeder may be deprived of his right for reasons other than those mentioned in s. 1).

The Contracting Parties shall be members of the Union.

(1) Legal personality: The Union shall have legal personality.

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

(3) Seat: The seat of the Union and its permanent bodies is in Geneva.

(4) Headquarters Agreement: The Union has a headquarters agreement with the Swiss Confederation.

The permanent bodies of the Union shall be the Council and the Bureau of the Union.

(1) Composition: The Council shall be composed of representatives of the members of the Union. Each member of the Union shall appoint one representative to the Council and one alternate. Representatives or substitutes may be accompanied by assistants or advisers.

(2) Chair and Vice-Chairs: 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. The term of office of the President shall be three years.

(3) Sessions: The Council shall meet on convocation by its President. It shall hold an ordinary session once a year. In addition, the President may convene the Council on his own initiative; he must convene the Council within three months when at least one third of the members of the Union have requested it.

(4) Observers: States not members of the Union may be invited to meetings of the Council as observers. Other observers, as well as experts, may also be invited to attend these meetings.

(5) Council missions: The Council's missions are as follows:

(i)

Consider 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 engagement;

(iv)

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

(v)

Give the Secretary-General any directives necessary to carry out the tasks of the Union;

(vi)

Establish the administrative and financial regulation of the Union;

(vii)

Examine and approve the Union's budget and determine the contribution of each member of the Union;

(viii)

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

(ix)

Fixing the date and place of the conferences provided for in Art. 38, and take the necessary measures to prepare them; and

X)

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

(6) Number of votes:

(a)

Each member of the Union which is a State shall have one vote in the Council.

(b)

Any Contracting Party which is an intergovernmental organization may, on matters of its competence, exercise the voting rights of its member States which are members of the Union. Such an intergovernmental organization shall 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 Board shall be taken by a simple majority of the votes cast; however, any decision of the Board under s. 5) (ii), (vi) and (vii) and under Art. 28.3), 29.5) (b) and 38.1) shall be taken by a three-fourths majority of the votes cast. Abstentions shall not be considered as voting.

(1) Office missions and management: 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) Tasks of the Secretary-General: 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 submit reports on its management and on the activities and financial situation of the Union.

(3) Staff: Subject to the provisions of Art. 26.5) (iii) the conditions for 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.

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

(2) Languages in certain meetings: The meetings of the Council and the revision conferences shall be held in these four languages.

(3) Other languages: The Council may decide that other languages will be used.

(1) Revenues: The Union's expenditure is covered

(i)

By the annual contributions of the Member States of the Union;

(ii)

Compensation for the provision of services;

(iii)

By miscellaneous income.

(2) Contributions: units:

(a)

The share of each Member 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 contributions from the Member States of the Union and the number of contribution units Which is applicable to it under s. 3). The said share is calculated in accordance with par. 4).

(b)

The number of contribution units is expressed in whole numbers or unit fractions, with no less than a fifth.

(3) Contributions by each member:

(a)

The number of contribution units applicable to any member of the Union which is a party to the Act of 1961/1972 or to the Act of 1978 on the date on which it becomes bound by this Convention shall be the same as that applicable immediately to it Before that date.

(b)

Any Member State of the Union 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 Member State of the Union may, at any time, indicate in a declaration addressed to the Secretary-General a number of units of contribution different from that applicable to it under paras. 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) Contributions: calculation of shares:

(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 Member States of the Union divided by the total number of units applicable to those contributions. Member States.

(b)

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

(5) Arrears in contributions:

(a)

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

(b)

The Council may authorise that Member State of the Union 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.

(6) Audit of Accounts: 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 by a Member State of the Union. This Member State shall, with its consent, be appointed by the Council.

(7) Contributions of intergovernmental organizations: Any Contracting Party that is an intergovernmental organization shall be exempted from the payment of contributions. If, nevertheless, it decides to pay contributions, the provisions of s. (1) to (4) shall apply mutatis mutandis.

(1) Enforcement Actions: Each Contracting Party shall take all measures necessary for the implementation of this Convention and, in particular:

(i)

Provides for appropriate legal remedies for the effective protection of breeders' rights;

(ii)

Establishes a service to grant the rights of the breeder or charge the service established by another Contracting Party to grant such rights;

(iii)

Provides information to the public through the periodic publication of information on:

-

Applications for breeder's rights and breeder's rights, and

-

Proposed and approved names.

(2) Compliance with Legislation: It is understood that, at the time of deposit of its instrument of ratification, acceptance, approval or accession, each State or intergovernmental organization shall be in a position, in accordance with its legislation, to give effect to the provisions of This Convention.

(1) Relations between States bound by this Convention: Only this Convention shall apply between the Member States of the Union which are bound both by this Convention and by 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, by notification addressed to the Secretary-General, declare that it will apply the latest Act of the Convention by which it is bound in its relations with any member of the related Union By this Convention only. From the expiration of one month from the date of such notification and until the Member State of the Union which has made the declaration becomes bound by this Convention, that Member of the Union shall apply the last Act by which it Shall be bound in its relations with each member of the Union bound by this Convention only, while the latter shall apply this Convention in its relations with that Convention.

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

This Convention shall be open for signature by any State which is a member of the Union on the day of its adoption. It is open for signature until March 31, 1992.

(1) States and certain intergovernmental organizations:

(a)

Any State may, in accordance with this Article, become party to this Convention.

(b)

Any intergovernmental organization may, in accordance with this Article, become party to this Convention:

(i)

If it has jurisdiction over matters governed by this Convention,

(ii)

Whether it has its own legislation providing for the granting and protection of breeders' rights binding on all its member states, and

(iii)

It has been duly authorized, in accordance with its internal procedures, to accede to this Convention.

(2) Instrument of accession: Any State which has signed this Convention shall become party to this Convention by depositing an instrument of ratification, acceptance or approval of this Convention. Any State which has not signed this Convention or any intergovernmental organization shall become 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 which is not a member of the Union or any intergovernmental organization shall, before deposiing its instrument of accession, request the Council's opinion on the conformity of its legislation with the provisions of this Convention. If the decision as an opinion is positive, the instrument of accession may be deposited.

(1) Principle: Subject to the provisions of subs. (2), no reservation shall be made to this Convention.

(2) Possible exception:

(a)

Notwithstanding the provisions of Art. 3.1), any State which, at the time it becomes party to this Convention, is a party to the 1978 Act and which, in respect of varieties multiplied by vegetative means, provides for the protection in the form of an industrial property title Other than a breeder's right may continue to provide for it without applying this Convention to such varieties.

(b)

Any State availing itself of this option shall notify the Secretary-General accordingly at the time when it deposits its instrument of ratification, acceptance or approval of this Convention, or accession to it. That State may, at any time, withdraw such notification.

(1) Initial notification: At the time of deposit of its instrument of ratification, acceptance or approval of or accession to this Convention, each State or intergovernmental organization shall notify the Secretary-General:

(i)

Its legislation governing the rights of breeders; and

(ii)

The list of plant genera and species to which it will apply, on the date on which it becomes bound by this Convention, the provisions of this Convention.

(2) Notification of Changes: Each Contracting Party shall promptly notify the Secretary-General of:

(i)

Any amendment to its legislation governing the rights of breeders; and

(ii)

Any extension of the application of this Convention to other plant genera and 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 breeder's rights and any amendment to that legislation; and

(ii)

A list of the plant genera and species listed in subs. 1) (ii) and any extension referred to in s. 2) ii).

(1) Initial Effective Date: This Convention shall enter into force one month after five States have deposited their instruments of ratification, acceptance, approval or accession, provided that at least three of the said instruments have been deposited by States Parties to the Convention The Act of 1961/1972 or the 1978 Act.

(2) Subsequent Entry into Force: Any State which is not affected by s. (1), or any intergovernmental organization, becomes bound by this Convention one month after the date on which that State or organization deposits its instrument of ratification, acceptance, approval or accession.

(3) Impossibility of acceding to 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. (1); however, any State which, in accordance with the practice of the General Assembly of the United Nations, 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 1995. December 1993, even if this Convention enters into force before that date.

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

(2) Quorum and Majority: The conference shall be valid only if at least half of the Member States of the Union are represented. To be adopted, a revised text of the Convention shall require a majority of three-fourths of the States members of the Union present and voting.

(1) Notifications: Any Contracting Party may denounce this Convention by a notification addressed to the Secretary-General. The Secretary-General shall, without delay, notify all members of the Union of such notification.

(2) Earlier acts: Notification of the denunciation of this Convention shall also be deemed to be the notification of the denunciation of any earlier 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) Acquired rights: Denunciation shall not affect any rights acquired in respect of a variety under this Convention or an earlier Act before the date on which the denunciation takes effect.

This Convention shall not limit the rights of the breeder acquired either under the laws of the Contracting Parties, either under a previous Act or as a result of agreements, other than this Convention, between members Of the Union.

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

(2) Official texts: The Secretary-General shall establish, after consultation with the Governments of the States and intergovernmental organizations concerned, the official texts of this Convention in the Arabic, Spanish, Italian, Japanese and Netherlands languages, And in the other languages that the Council may designate.

(1) Transmission of copies: The Secretary-General shall transmit certified copies of this Convention to the States and intergovernmental organizations that have been represented at the Diplomatic Conference which has adopted it and, upon request, to any other State and Any other intergovernmental organization.

(2) Record: The Secretary-General shall register this Convention with the Secretariat of the United Nations.

(Suivent signatures)