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Law No. 5601
Acceptance Date: 13/03/2007
November 10, 1972, October 23, 1978 and 19 March 1991 in Geneva passed in review dated 2 December 1961 "International Convention for the Protection of New Plant Varieties" What we were eligible to participate.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.
November 10, 1972 October 23, 1978, and March 19, 1991 date in reviewing the
dated 2 December 1961 NEW TYPES OF PLANT PROTECTION CONVENTION ON INTERNATIONAL
International Union for the Protection of New Varieties of Plants
GENEVA 1996 UPOV PUBLICATION
No. 221 (E) ISBN 92-505-03324
UPOV 1991 Reprint 1992, 1995
November 10 1972.23 October 1978 and 19 March 1991 on the Protection of
New Varieties of Plants of 2 December 1961 in Geneva, the International Convention on the list in Article
Part I: Definitions
Article 1: Definitions
Part II: General obligations of the Contracting Parties
Article 2: Basic Obligation of the Contracting Parties
Article 3: Genera and species to be protected
Article 4: National Treatment
Part III: Conditions for Granting of Breeder's Rights
Article 5: Protection Conditions
Article 6: Novelty
Article 7: Differences
Article 8: Uniformity
Article 9: Stability The
Part IV: Application for the Granting of Breeder's Rights
Article 10: Filing of applications
Article 11: Right of Priority
Article 12: Examination of the application
Article 13: Temporary Protection
Part V: Breeder's Rights
Article 14: Scope of the Breeder's Rights
Article 15: Exceptions in the Breeders' Rights
Article 16: Exhaustion of the Breeder's Right
Article 17: Implementation of Breeders' Rights Restrictions
Article 18: Measures Regulating Commerce
Article 19: Duration of the Breeder's Rights
Part VI: type of Naming
Article 20: naming the type
Chapter VII: Nullity and Cancellation of the Breeder's Rights of the Breeders'
Article 21: Nullity of the Breeder's Rights
Article 22: Cancellation of the Breeder's Right
Chapter VIII: The Union
Article 23: Members
Article 24: Legal status and Central
Article 25: Organs
Article 26: The Council
Article 27: Union Center
Article 28: Languages
Article 29: Financial affairs
Chapter IX: Implementation of the Convention Other Agreements
Article 30: Implementation of the Convention
Article 31: The Contracting Parties and States Bound by Earlier Acts of relations
Article 32: Special Agreements
Chapter X: Final Provisions
Article 33: Signature
Article 34: Ratification, Acceptance or Approval, Accession
Article 35: Reservations may
Article 36: Protected Species and Species and Regulatory Proceedings for, to information published
Article 37: Entry into force, repeal of the previous Act
Article 38: Revision of the Convention
Article 39: Termination
Article 40: Storage of Existing Rights
Article 41: Original and Official Texts of the Convention
Article 42: Depositary Functions
CHAPTER II DEFINITIONS Article 1
Definitions For the purposes of this Convention:
(i) "this Convention" International Convention on the Protection of New Plant Species present (1991 ) Convention,
(ii) "1961/1972 contract is" 10 November 1972. Additional Agreement with the International Convention on the changed of 2 December 1961 New Varieties of Plants Protection,
(iii) "1978 Convention" for the Protection of New Varieties of Plants International Convention on 23 October 1978 agreement,
- reclaim a plant variety or the person who discovered and developed,
- The above-mentioned person's employer or who the Contracting Parties to the law that authorizes the above mentioned person, as required by or
- the above-mentioned first or second person's successor according to the situation,
(v) "breeder's rights" in this Convention breeders recognized rights
(vi) "type" the conditions for the grant of breeders' rights are not fully known regardless met within the lowest botanic classification
A given genotype or identifiable by the expression of the nature characteristic of the genotype combinations
said separable from other plant grouping by at least one expression of the characteristic
Unchanged a plant grouping which may be considered as due to the suitability to be produced units
(vii) "Contracting party" means a state or an organization from the government which is party to this Convention,
(viii) "territory," in connection with the Contracting parties, the parties to the state border when there is a state, and when the Contracting parties to an intergovernmental organization that intergovernmental limit the implementation of the organization's founding treaties,
(ix) "competent" in Article 30 (1), shall be authorized to,
(x) "Union" established by the 1961 Convention and later in 1972 and referred to in this Agreement and the 1978 agreements the Association for the Protection of New Plant Species
(xi) "member of the Union" means a State that is party to the Contracting party or 1961/1972 or 1978 Convention.
PART II GENERAL OBLIGATIONS OF THE CONTRACTING PARTIES
Article 2 Basic Obligation of the Contracting Parties
Each Party will recognize and maintain the plant breeder's rights.
be Protected Species and Species
(1) [States already members of the Union] 1961/1972 or 1978 each Contracting Party of the provisions of this Agreement required by the contract,
(i) bound by this Agreement 1961/1972 or 1978 becomes the date on which the provisions of the Convention applied to all plant genera and species,
(ii) spoken from the date after the expiry of five years at the latest, to all plant genera and species.
(2) [New members of the Union] 1961/1972 Act and not bound by the 1978 Act, each Contracting Party of the provisions of this Convention
(i) at the date on which it becomes bound by this Convention, to at least 15 plant species or genus,
(ii) at the latest by the end of 10 years from the said date, it will apply to all plant genera and species.
(1) [Treatment] Without prejudice to the rights specified in this Agreement, the Contracting Parties to the citizens, as well as built with real people in Contracting Parties to limit the legal entities having their registered offices within these limits, It said the other Contracting party to its citizens, provided they comply with loaded terms and formalities, in both Contracting sides of the border, the granting of breeders' rights and the protection of the other Contracting parties which apply to nationals of their own laws or will receive the same treatment will be applied henceforth.
(2) [citizens] of the preceding paragraph "citizens" Contracting Parties to the citizens of this state if there is a state in case of an international organization Contracting Party government also represents the citizens of the State who are members of this organization.
CHAPTER III CONDITIONS FOR THE GRANT RIGHTS OF THE BREEDER of Article 5
Protection Conditions (1) [Criteria to be Followed] breeder's rights, the varieties;
uniform and (iv) if the emphasis will be given.
(2) [Other conditions] The grant of the breeder's rights, the provisions of Article 20 of the appropriate nomenclature and the applicant's kind, competent to apply and an application fee, provided compliance of the formalities required by the Contracting Parties to the law paid than others, and will be subject to different conditions.
(1) [Criteria] The date of the application for a breeder's right filed, the breeder with the consent or by itself replicated the variety or harvested material
(ii) the application before this date a year that earlier time filed Contracting parties within the limits and
(ii) prior to the date of said application four years earlier at a time, the tree is and vines concerned, which filed before six years, yet for use in other borders of the Contracting parties to limit unsold or not given to others, it will be considered as new varieties.
(2) [Varieties of recent creation] Contracting Parties to this or the previous contract before a plant genus or species to implementing these agreements that the application of paragraph (1), even where such a sale or another transfer before the specified time, kind creations at the date of the current expansion of the scope of protection of innovation to meet the conditions set forth in the same paragraph should take into account.
(3) [In certain cases "country"] paragraph (1), the one and the member of the organization from the same governments
Contracting Parties shall act with the organization regulations for the purpose of fusion of action in their own country with the action taken territory of the member states of this organization they can act together where required. In this case, the Secretary-General shall inform about it. Article 7
type differences, the presence time of the filing of the application is deemed to be distinct if it is clearly distinguishable from any other variety known by everyone. In particular, the granting of the breeder's right or the filing of an application for entry of another variety in an official register of varieties, in any country, the applicant is deemed to satisfy entering the plant breeder's rights to be given or the official register of varieties mentioned varieties, known to everyone this kind from the date the application is deemed to become a . Article 8 Uniformity
type, the shape of reproductive subject to variation that may be expected from the particular features, and uniform enough in terms of features it has, is considered to be uniform. Article 9 Stability The
type will be clarified if deemed relevant characteristics remain unchanged after repeated propagation of each circuit or a particular cycle of propagation.
of breeders' rights GIVEN the RELATED APPLICATION Filing of
(1) [first level of contact] Breeders, the application for the breeder's right, you can select the Contracting Parties which asked to approve the application.
(2) [Time of subsequent applications of] Breeder found the first reference to the authority of the Contracting Party where waiting for you to give him the breeders' rights in the authorities of the other Contracting Party in the application for the grant of these rights.
(3) [Protection of independence] No Contracting Party other State or intergovernmental does not apply in the organization of protection for the same variety, can not refuse to grant a breeder on the grounds that rejected it or ended or can not limit the duration of this right.
(1) [of Rights and time] Contracting a kind of one of the parties conservation for the procedure to an application filed in accordance with (the "first application") any breeder having other for the same type in order to apply for the granting of the breeder's authorization of the Contracting parties to the priority benefit of about 12 months. This period is calculated from the date of filing of the first application. The day of filing shall not be included in this period.
(2) [Claiming the right] In order to benefit from the right of priority, the breeder shall request the priority of the first application in the subsequent application
. Next application files from authorized breeders, in no less a period of three months from the date of the subsequent application is filed may require initial application creates copies of documents, and both refer to types that are subject also to offer samples or evidence of the same.
(3) [Documents and material] Priority period of expiry where the next two-year period, or the first application is rejected or canceled, after the rejection or withdrawal, breeders Contracting Parties to the required law, necessary for the investigation to be made depending on Article 12 information, preparation of documents and materials, and given a reasonable time to submit a second application made by the Contracting parties.
(4) [Events occurring during the period] Paragraph (s) as well as the filing of another application within said period, or the use or publication of the kind which is the subject of the first application, shall not constitute a ground for rejecting the subsequent application. Such events also will not lead to any third-party right. Article 12 Investigation of
any decision to grant the right
Breeders' requires an examination for compliance with the conditions under Articles 5 to 9. During the examination, the authority may grow the variety or apply other necessary tests, we can provide the implementation of the cultivated varieties or necessary tests or take into account the results of growing tests or experiments performed earlier. Examination, the authority all the necessary information of the breeder may want to supply documents and materials. Article 13
Temporary Protection Each Contracting Party, the filing of the application for the grant of the breeder's right or for the protection of the interests of the breeder during the period between the publication of the granting of this right in order to take measures. These measures as specified in Article 14 at least to have the right breeder, after the once right over the said period, any person performing actions that require the breeder's authorization will help them get a fairer wage. A Contracting Party may provide that only applies to people informed about the filing of the said measures breeder.
CHAPTER V THE RIGHTS OF THE BREEDER Article 14
Scope of the Breeder's Right (1) [actions related to reproductive material] (a) subject to Article 15 and 16, on the reproductive material of the protected variety the following actions are required to give breeders allowed:
(i) production or reproduction (multiplication)
(ii) the fulfillment of the requirements for reproductive purposes
(iii) offer sales
(iv) Sales or marketing | || (v) Export
(vii) stocking for the above mentioned purposes
(b) Breeders, the authorization in question may be subject to certain conditions and limitations.
(2) [harvested material action on] the breeder, unless a reasonable cause for use of the right relating to the said propagating material, subject to 15 and Article 16, all the plants were obtained through the unauthorized use of reproductive material protected variety and parts, including paragraph (1) (a) to (i) to (vii) until the material specified in the action on the harvested material will require the permission of the breeder.
(3) [Acts in respect of certain products] Articles 15 and 16 in accordance with the Contracting Parties (l) (a) of paragraph No. (2) of the material was harvested by species protected under the numbered paragraphs with the provisions of unauthorized use directly related to the product obtained (i) to (vii) of the said act up in the article in question in the absence of breeders have the opportunity to use its rights on the harvested material shall ensure that subject to the authorization of the breeder.
(4) [Possible additional acts] Articles 15 and 16 in accordance with the Contracting Parties (l) (a) of the paragraph numbered (i) to (vii) of the action, except for the aforementioned action in until the material will make it subject to the authorization of the breeder.
(5) [derived mainly, and certain other varieties] (a) (l) to (4) provision of up paragraphs also
(i) the protected variety itself must result in the absence of a type derived as a result of necessity from the protected variety derived varieties,
(ii) 7 are not clearly distinguishable from varieties protected under Article varieties and
(iii) products applied in varieties that require the repeated use of the protected variety.
(B) (a) (ii) of subparagraph kind shall be deemed to be essentially derived from another variety in the following cases.
(I) Although the genotype or protect the expression of nascent essential characteristics of the genotype combinations often initially present or the kind present itself initially in the state as obtained from a variant that have come from these varieties,
(ii) initially divided evident from the variety available and in cases where
(iii) except for differences resulting from the derivation action, essential characteristics that result from the genotype or combination of genotypes of the initial combination where adapt existing varieties.
(C) varieties derived mainly by natural or induced a kind obtained by mutation or tissue cultures selected from different plants of the kind which is currently selected by or may initially be achieved by backcrossing or by transformation by genetic engineering.
Breeders' Rights on the Exceptions
(1) [Compulsory exceptions] can not be extended to the Breeder's rights following:
(ii) specifically or actions taken by non-commercial purposes
(ii) Experimental for the action taken and
(Iii) the actions taken for the cultivation of other species, and 14 (5) except where the application of the provisions of Article 14 in such other kinds of issues (1) the actions specified in Article
(2) [Optional exception] 14. Article Even so, each Contracting Party reasonable limits in and breeder of the legitimate interests of farmers by maintaining a product of the harvest which they have obtained by planting on their land and protected species, or 14 (5) Clause (a) (i) or (ii) a type covered, on their own land, restrict the rights of breeders to allow a species to use for production.
Breeder's Rights Termination
(1) [ending of Rights] Breeder's right, protected or Article 14 (5) of the kind covered by the breeder by consent by either himself or sold in the Contracting Parties boundaries also marketed as can not be extended to any material or material derived from said action on any material. In this case, the following actions are available by kapsamadık;
(Ii) the reproduction of varieties in question
(ii) except as the issuance of material for final consumption, allowing it to replicate the kind of belongs to the type of plant material to breed or be exported to a country which is under protection of species
( 2) [ "material" means] paragraph (1) in the "material" have the following meanings in kind.
(I) any propagating material
(ii) Whole plants or plant parts including material harvested
(iii) any product directly obtained from the harvested material
(3) [in certain cases "country"] paragraph (s) also may act where required to act together in one and the same intergovernmental members of the organizations Contracting parties organization regulations for the purpose of fusion of action in their own country with the action taken territory of the member States of the organization. In this way, if they fail, they will inform the Secretary-General in this regard.
Breeder's Rights of Limitations
Implementation (1) [Public interest] in this Agreement Except as expressly foreseen, no Contracting Party may restrict the free exercise of a breeder's right for reasons other than the public interest.
(2) [Fair Pay] of this type to perform any acts that require the authorization of the breeder of a restriction in cases caused by the permission of a third party, the Contracting Parties of the breeder shall take all necessary measures to ensure the equitable remuneration.
Regulating Commerce Measures
breeders' rights, the Contracting Parties of the production of material to regulate within its own borders, certification, will be independent of the measures taken to regulate the marketing or import and export. Nevertheless, such measures will not affect the implementation of the provisions of this Convention. Article 19 Duration of the Breeder's Right
(I) [Period of protection] The breeder's right shall be granted for a fixed period.
(2) [Minimum period] The said period by starting from the date of the breeder's right shall not be shorter than 20 years. For trees and vines concerned, this period shall not be shorter than 25 years from the date of the breeder's right. DENOMINATION of the
type of Naming
(1) [to be specified by naming the type, nomenclature use] (a) type will be referred to a general name of its own.
(B) Each Contracting Party shall, subject to paragraph (4) the kinds of e based on the name of any right to the name, saved as, even after the expiration of the breeder's right shall provide hamper the free use of that name.
(2) [Characteristics of name] Name must provide the ability to identify types. the specification of the type of figures except where this is a valid application name can not consist of only digits. Name, characteristics of the variety, value or that could lead to misunderstandings, or in terms of the identity or the identity of the breeder should be which may cause confusion. In particular, a species of the same plant species or a closely related, in any Contracting Party borders must be different from every denomination which designates the kind that exists.
(3) [name registration] type the name must be submitted to the authority by the breeder. Name of paragraph (2) until it is found to meet the requirements, the authority shall refuse to register it and will want to propose another denomination within a prescribed period of the breeder. Name will also be recorded by the authority granting the breeder's right.
(4) [Prior rights of third persons] Prior rights of third parties will not be affected. Due to the previous law, the name of the paragraph to be used by persons who are obliged to use it as a kind of (7), is obliged to be asked to submit another denomination for the variety of authorized breeders.
(5) [Same denomination in all Contracting Parties] A variety must be submitted to all Contracting Parties under the same name. Unless it considers that the proper name of a Contracting Party competent in their territory, shall register the name as offered. If he thinks that the name is appropriate, it will be requested to submit another name from breeders.
(6) [Information among the Contracting Parties of the authorities] first official presentation of the name of a Contracting Party on matters concerning variety denominations, including registration and cancellation of the other Contracting Party shall ensure that informed the authorities. Any authority may address its observations concerning the registration, if applicable, the name of the authority which may be present.
(7) [Using the name obligation] in the territory of one Contracting Party, offering to sell the propagating material of the varieties protected within the limits mentioned or marketing person, paragraph (4) In accordance with the provisions of previous rights except to prevent the use of this type of breeder even after the expiry of the right time will be forced to use the name of this kind.
(8) [Names depending on used] When a variety is offered for sale or marketed, with the registered trademark name, will be allowed to use the trade name or other similar phrases. even when such a phrase should be easily recognizable name.
of breeders' rights
DISCLAIMER AND CANCELLATION
Article 21 Invalidity of
(1) [Reasons of nullity] Each Contracting Party to a breeder's right granted by it consists of the following situations declared null and void will not if.
(I) 6 and 7 to be given the right breeder of the substance in the conditions if not met yet instantly
(ii) basically where based on the information and documents held by the breeder of breeders' rights, 8 and 9. the granting of a breeder's right Article in the conditions if not immediately have not been complied with, or
(iii) the breeder's right when administered to a person not qualified to get this right, if it is transferred to a person who qualified this right.
(2) [Exclusion of other reasons] Paragraph (1) of the No breeder's right for reasons other than the reasons stated can not be declared null and void.
Breeder's Rights of Cancellation
(1) [Cancel cause for] each Contracting Party, 8 and 9 no longer is unable to fulfill the conditions contained in Article may cancel a breeder's right granted by it.
(B) In addition, if any Contracting Party has been requested within the specified period and may cancel a breeder's right granted by it if the realization of the following.
(Ii) the breeder, considered the information necessary for the approval of the type of maintenance documents or materials provide the authority,
(ii) the breeder fails to pay to keep fees in force the rights
(iii) the cancellation of the name of varieties after the grant of the right if a breeder is, if another suitable denomination.
(2) [Exclusion of other reasons] Paragraph (l) No breeder's right shall be canceled for reasons other than those referred. CHAPTER VIII Article 23
Union members will be members of the Union Contracting Parties
. Article 24
Legal Status and Seat (1) [Legal personality] The Union shall have legal personality.
(2) [Legal capacity] The Union, in each Contracting Party's borders, these borders in accordance with applicable laws, its ability to fulfill the Union's objectives and functions as may be necessary to perform the legal capacity use.
(3) [Seat] The Union and its permanent organs are at Geneva.
(4) [Headquarters agreement] The Union has a headquarters agreement with the Swiss Confederation. Article 25 Organs
Council and the Office of the Union are the permanent organs. Article 26 of the Council
(1) [Composition] The Council shall consist of representatives of members of the Union. Each member of the Union shall appoint one representative and one alternate to the Council. Delegates and alternates may be accompanied by assistants or advisers with them.
(2) [Officers] The Council shall elect from among its members and first Vice-President. The Council may also choose other Vice Presidents. The First Vice President is unable to fulfill his official duties shall replace the President. President shall hold office for three years.
(3) [Sessions] The Council shall meet at the call of the President of the Council. Council is held once a year in ordinary session. In addition, the President may convene the Council at its discretion. One-third of the members of the Union in the face of demands in this direction, President, Union will gather in a three-month period.
(4) [Observers] States not members of the Association Council may be invited as observers to the meeting. Experts as well as other observers may also be invited to such meetings.
(5) [Tasks] The Council's tasks will be:
(ii) to work on appropriate measures to promote interest in the protection and the development of the Union
(ii) Union to create procedural rules
(iii) Secretary-General and to appoint a Deputy Secretary-General as appropriate, and to establish the circumstances in both appointment also
(iv) examine an annual report on the Union's activities and to prepare the program for the future, the Union works,
(v) the Secretary-General, instead of Union mission give the necessary instructions to be brought,
(vi) the Union's administrative and financial arrangements,
(vii) the Union to review the budget and approve, as well as to determine the contribution of each member of the Union,
(viii) examine the accounts presented by the Secretary-General and to confirm,
(ix) 38 to determine the location and date of the mentioned conference in matter and take necessary measures for the preparation of this conference,
(x) Overall, the Union efficiently take all the necessary decisions for processing.
(6) [Votes] (a) Each member of the Union is a State shall have one vote in the Council.
(B) Any Contracting Party that is an intergovernmental organization, authorized within the limits, you can use the voting rights of its member States that are members of the Union. They use them the Organization member countries, voting rights, such will not exercise its right to an intergovernmental organization vote, and vice versa, if you use the right intergovernmental organizations vote organization member States not benefit from this right.
(7) [mostly] (5) (ii), (vi) and (vii) paragraphs and 28 (3), 29 (5) (b) and 38 (1) any Council under Articles three-quarters majority of the votes cast for the decision necessary in, the votes cast for any decision of the Council will be required majority. Abstentions will not be considered. Union Center
Article 27 (1) [Tasks and management] given to him by the Central Council of the Union will fulfill all the duties and tasks. It shall be under the authority of the Secretary General.
(2) [Duties of the Secretary-General] The Secretary-General shall be responsible to the Council which will be responsible for the implementation of the decision. The Secretary-General will present the Union budget to the Council for approval and will be responsible for the implementation of the budget. Their management will prepare reports to the Council on the Union's activities and financial situation.
(3) [Staff] 26 (5) (iii) Based on the substance, the Union's appointment and conditions of employment of the staff necessary for the efficient performance of the Centre will be fixed in the administrative and financial regulations. Languages
Article 28 (1) [Languages of the Office] The Office of the Union exercising their functions by English, French, German and Spanish languages shall be used.
(2) [Languages in certain meetings] Meetings of the Council and of revision conferences will be held in four languages.
(3) [Further languages] The Council may decide on the use of other languages. Finance
Article 29 (1) [Income] The expenses of the Union;
(I) the annual contributions of member States of the Union,
(ii) payments received in respect of the services offered,
(iii) met with various incomes.
(2) [Fees, units] (a) The members of the Union's share in the total amount of each State's annual fee, the total cost and the amount paragraph will be covered by the EU member state contributions (3) shall be determined by reference to the number of applicable dues unit scope. Shares mentioned in paragraph (4) shall be computed accordingly.
(B) The number of contribution units, no fraction shall be smaller than one in five will be expressed in whole numbers or fractions thereof.
(3) [Contributions: each member's share] (a) 1961/1972 or which side in history to be bound by this Agreement, the 1978 Convention on the number of contribution units applicable to any member of the Union will be the same number can apply before the date referred to these members.
(B) Any other State member of the Union shall, on joining the Union, in a declaration addressed to the Secretary-General will show the number of contribution units applicable to it.
(C) a member of the Union State, at any time, in a declaration addressed to the Secretary-General himself to paragraph (a) or (b) those which may be implemented under a number of different units of the remuneration. Such a declaration, if made during the first six months of a calendar year, from the beginning of the next calendar year, or the year following the calendar year in which the declaration was the second will enter into force from the beginning.
(4) [Contributions: computation of shares] (a) a contribution unit of money for each financial year amounts, in this period, members of the Union of the total expenditure will be met from the contributions of the States shall be divided by the total number of units applicable to those members of the Union State.
(B) each EU member state's contribution amount, the amount corresponding to one contribution unit is obtained by multiplying the number of contribution units applicable to that State member of the Union.
(5) [Arrears in contributions] (a) a member of the Union which is in arrears in dues payments the State, subject to subparagraph (b) depending eat, the arrears amount dues to be paid by the previous whole year, or equal to, the Council exceeds this amount It does not exercise its right to vote. suspension of the right to vote, member of the Union to rescue its obligations under this Convention and shall not deprive it of any other rights related to this contract.
(B), if the Council is satisfied that the delay in payment and unavoidable result of exceptional circumstances, be allowed to continue voting right of members of the State in question.
(6) [Auditing of the accounts] Investigation of Union accounts, member of the Union as foreseen in the administrative and financial arrangements will be made by the state. Union members in that State shall be determined by agreement by the Council.
(7) [Contributions of intergovernmental organizations] intergovernmental organization shall not be liable for any Contracting Party dues. However, if one chooses to pay contributions, (l) to (4), so that paragraph shall apply similarly.
CHAPTER IX IMPLEMENTATION OF THE AGREEMENT, OTHER AGREEMENTS
Implementation of Article 30 of the Convention
(1) [Measures of implementation] Each Contracting Party shall adopt all necessary measures for the implementation of this agreement. Especially;
(Ii) of breeders 'rights effectively to provide appropriate legal remedies for the enforcement,
(ii) the granting of breeders' rights, an official shall be taken or another Contracting Party to the authority provided by the given task in question,
reference to the public through the regular publication of breeders' rights and granting of these rights will be informed about the names
proposed and approved.
(2) [Conformity of laws] of ratification, acceptance, based on approval or accession shall, in accordance with its laws of any State or intergovernmental organization, as the case should be the provisions of this agreement in a position to put in place.
Bound by Earlier Acts
Contracting Party and Government Relations Between
(1) [Relations between States bound by this Convention] These and bound by earlier contract EU member States in will only apply to this Agreement.
(2) [Possible relations with States not bound by this Convention] Any member not bound by the Contracting State, with a sensation to give the Secretary-General, in its relations with each member of the Union bound by this Convention may declare that, apply the latest contract which it is required. Such State member of the Union making the declaration at the end of a month after the declaration date until the date on which it becomes bound by this Convention, the said member of the Union only the most recent Convention implementing that he is responsible for relations with States members of the Union bound by this Convention, the country is only bound by this Convention other this Convention shall apply to its relations with the country. Article 32 Special Agreements
agreements made unless it violates the provisions of this Convention, the members of the Union have the right to make themselves special agreements for the protection of varieties. CHAPTER X FINAL PROVISIONS
Article 33 Signature
Accepted the date of this Agreement shall be open for signature by any State member of the Union. This Convention shall remain open for signature until the 31 March 1992.
Article 34 Ratification, Acceptance or Approval; Participation
(1) [States and certain intergovernmental organizations] (a) As provided for under Article may be party to this Convention any intergovernmental organization.
(B), as provided in this Article, any intergovernmental organization may become a party to this Convention if it has the following features:
(ii) of this Agreement this competence on the issues discussed,
(ii) All member states are linking breeder to have the legislation providing for the grant of rights
(iii) to accede to this Convention it has been duly authorized, in accordance with its internal procedures.
(2) [Instrument of adherence] Any State which has signed this Agreement, approval of this Agreement shall be party to this Convention by providing the acceptance or approval document.
This Convention shall be a State Party to this Convention or any intergovernmental organization providing sign the instrument of accession. Ratification, acceptance, approval or accession shall be the Secretary General.
(3) [Advice of the Council] Any State or intergovernmental organizations, non-members of the Union, the Council prior to the accession document will be requested to advise him in compliance with the laws of the Convention. If the decision embodying the advice is positive, the document is given. Reservations may
Article 35 (1) [Principle] Subject to paragraph (2), on the basis, no reservations to this Convention shall not be permitted.
(2) [Possible exception] (a) 3 (1) Although the matter, the date on which it became a party is a party to the 1978 Convention, and any State that provides protection by the rather industrial property rights of breeders' rights when reproducing varieties concerned, this contract is exercised, could continue to provide the kind of protection that way.
(B) any State benefiting from such rights, ratification, acceptance, approval or accession document granting instant, depending on the situation, it will inform the Secretary-General accordingly. In the same state, at any time, withdraw the said notification. Article 36 Protected Species
on the -type and Regulatory Proceedings, published
to Information (1) [Initial notification] Any State or intergovernmental organization approval of this Agreement, acceptance or approval or while the participation certificate, depending on the situation, the Secretary-General will inform about the following topics:
(ii contains the breeders' rights) on the date to be bound by this Agreement, the list of plant species and genus to apply the provisions of this contract
(2) [Notification of changes] Contracting Party General Secretary shall promptly notify the following topics:
(ii) changes in legislation, including the Breeders' rights
(ii) be expanded to additional plant species and breed of the implementation of this Convention
(3) [Information publication of] the Secretary-General, based mAlArA information from each Contracting Party shall publish information on the following topics:
(i) legislation and amendments to the legislation, including the Breeders' rights
(ii) of paragraph (1) (ii) above the list of plant species and genera and paragraph (2) (ii) above extensions.
Entry into Force,
previous contract in force on the Elimination of
(1) [Initial entry into force] this contract, depending on the situation, at least three of the said documents 1961/1972 or 1978 Convention by States parties given the condition that five States, ratification, acceptance, will enter into force one month after presenting the documents, approval or accession.
(2) [Next entry into force] paragraph (1) Any state or government are not covered by international organizations, depending on the situation, ratification, one month after the date of receipt of the approval or certificate of participation will become bound by this Convention.
(3) [1978 Repeal of the contract] (1) any document relating to participation in the contract in accordance with paragraph No. 1978, can not be given after the entry into force of this Agreement; however, the United Nations General Assembly in any country which is regarded as developing countries in accordance with current practice, even if the entry into force of this Agreement before the said document until 31 December 1995, the other countries will give up to date is December 31, 1993. Review of Article 38 of the Convention Review
(1) [Conference] This Convention may be revised by a conference member Union. Council decides the convocation of such a conference.
(2) [Quorum and majority] The proceedings of a conference, at least half of the member states of the Union will be effective only if it is represented at the conference. The presence at the conference of any three-fourths majority of the member States of the Union is required for the adoption of the revisions and to participate in the vote. Termination
Article 39 (1) [Notifications] announced the termination of this Agreement by a notification addressed to the Secretary General of any Contracting Party. The Secretary General shall promptly report the receipt of all members of the Union.
(2) [Earlier Acts] Notification of the termination of this Agreement, the termination shall be adopted for the previous contract that it is the responsibility of the Contracting Parties to the announcement.
(3) [Effective Date] Denunciation by the end of the calendar year following the year in which the Secretary-General shall enter into force.
(4) [Acquired rights] The denunciation from the date of entry into force of this Agreement or termination shall not affect any rights acquired by any previous Agreement. Protection of Existing Rights Article 40
this Agreement, the Contracting Parties within the framework of the law or of this Convention shall not restrict the existing breeders' rights because of a previous contract or agreement between the other members of the Union. Article 41 of the Convention
Original and Official Texts (1) [Original] This Convention, English, French and German languages, will be signed in a single original text and the French text will be the event of any dispute. The original shall be kept by the Secretary-General.
(2) [Official texts] The Secretary-General then to exchange views with the Governments concerned, Arabic, Dutch, Italian, other languages will be determined Japanese and Spanish languages and the Council will establish official texts of this Convention. Functions of
(1) [Submission of Copies] The Secretary General of the Convention certified copies of this Convention which are represented at the Diplomatic Conference which adopted all States and intergovernmental organizations and request other state or government from the organization It will be sent.
(2) [Registration] The Secretary-General of the United Nations will register this Agreement with the Secretariat. The text above
-------- November 10, 1972 October 23, 1978 and March 19, 1991 from 4 to 19 March in Geneva and revised in 1991 and held in Geneva on 19 March 1991 Geneva opened for signature the International Convention on the Protection of New Varieties of Plants adopted at the Diplomatic Conference for the revision of the Protection of New Varieties of Plants dated December 2, 1961 I confirm that in accordance with the original copy of the International Convention.
UPOV Arpad BOGSCH
Protection of New Plant Varieties
July 1, 1991
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