RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/130
17 February 1999
(99-0632)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
Information from Intergovernmental Organizations
UPOV
As agreed by the Council, at its meeting of 1 and 2 December 1998, the Secretariat has
contacted the FAO, the Secretariat of the Convention to Biological Diversity and UPOV, to request
factual information on their activities of relevance.
The present document reproduces the information that the Secretariat has received from
UPOV.
_______________
FACTUAL INFORMATION CONCERNING THE UPOV CONVENTION SUPPLIED
PURSUANT TO A REQUEST OF THE COUNCIL FOR TRIPS
1. The International Convention for the Protection of New Varieties of Plants (“the UPOV
Convention”) came into existence on 2 December 1961.  It was revised in 1972, 1978 and 1991.  The
1961 Act of the Convention entered into force on 10 August 1968, the Additional Act of 1972 on
11 February 1977, the 1978 Act on 8 November 1981, and the 1991 Act on 24 April  1998.
Information concerning the status of States party to the UPOV Convention as at 1 February 1999, isset out in Appendix 1 to this Note.  At that date, there were 38 member States of the International
Union for the Protection of New Varieties of Plants (UPOV).
2. At 1 February 1999, two UPOV member States were parties only to the 1961 Act of the
Convention as modified in 1972, twenty-five UPOV me mber States were party to the 1978 Act of the
Convention, eleven member States were party to the 1991 Act.  On the same date, five UPOV
member States with national laws amended so as to conform with the 1991 Act had not yet ratified or
acceded to that Act, and an additional seven UPOV member States had advanced legislative activity
to amend their laws so as to conform with the 1991 Act.
3. All Acts of the UPOV Convention contain provisions relating to the procedure for the
accession of new member States to the Convention.  The procedure for which provision is made in
Article 32(3) of the 1978 Act and Article 34(3) of the 1991 Act requires States and, in the case of the
1991 Act, certain intergovernmental organizations, which wish to accede to the Convention, to
request the advice of the Council on the conformity of their laws with the Convention beforedepositing an instrument of accession.
4. An objective of many intellectual property treaties, including the UPOV Convention, is to
establish internationally harmonized rules for protection.  Accordingly, it is a common practice, when
such treaties are revised, to provide that when the re vised text of the Convention enters into force, the
existing text is no longer open to accession, since otherwise the objective of harmonized rules mightIP/C/W/130
Page 2
never be attained.  In keeping with this practice and pursuant to Article 33(3) of the 1978 Act, the
1961/72 Act of the UPOV Convention became closed to further accessions on 8 November 1981, and
pursuant to Article 37(3) of the 1991 Act, the 1978 act became closed to further accessions on
24 April 1998.
5. However, the Council of UPOV decided in April 1997 that States which had started the
process of accession to the 1978 Act pursuant to the procedure referred to in paragraph 3, prior to the
closing of the 1978 Act, should be allowed a period of twelve months to complete the accession
formalities and deposit an instrument of accession.  Since the 1991 Act came into force on
24 April 1998, the effect of this decision is to permit each State which had started the process of
accession to the 1978 Act prior to 24 April 1998, to deposit an instrument of accession prior to
April 24, 1999.  At 1 February 1999, eight States were in a position to deposit instruments of
accession to the 1978 Act as a result of this decision.
6. At 1 February 1999, a further six States and one intergovernmental organization, the
European Community, had commenced the procedure for accession to the 1991 Act.  The European
Community through its Community Plant Variety Office grants protection conforming with the 1991
Act pursuant to a single application which is effective in its fifteen member States.  Such memberStates of the European Community include tw o States, Luxembourg and Greece, which do not
otherwise have national systems of plant variety protection.
7. At 1 February 1999, the Office of UPOV was aware
(a) of eight States with national laws conforming with or inspired by the 1991 Act which
had not yet initiated the process of accession to the UPOV Convention, and
(b) of proposals for legislation inspired by the UPOV Convention which would
effectively introduce protection in thirty-five States, of whom at least twenty-fivewere known to be contemplating legislation based upon the 1991 Act, while the
position of the remaining eight States was not definitely established.  The figure of
thirty-five includes the 15 member States of the Organisation africaine de la
propriété intellectuelle  which is currently proposing to amend its founding treaty, the
Accord de Bangui , so as to include an annex on plant variety protection which
accords with the 1991 Act.
8. Developments at February 1, 1999, in relation to the various Acts of the Convention are as
follows:
UPOV
member
StatesLatest Acts of Convention to
which member States are
partyStates not yet
members having
started accession
procedureStates with laws
based on the
UPOV Convention
which have not yet
started the acces-
sion procedureStates with
proposals for
legislation
1961/72 1978 1991 1978 1991 1978 1991 1991 Not yet
clear
38 2 25 11 8 5-8 2 7 8
Information available to the Office of UPOV suggests that the number of States likely to have
laws based on the UPOV Convention in the near term will be at least 95, of whom at least 58 seem
likely to have laws based upon the 1991 Act of the UPOV Convention.IP/C/W/130
Page 3
9. It should be noted that some States which have chosen to accede to the 1978 Act have
nonetheless adopted laws which conform completely or partially with the provisions of the 1991 Act.
10. The texts of the 1978 and 1991 Acts of the UPOV Convention are set out in Appendices 2
and 3.
11. In the context of intellectual property in general, the expression sui generis  is used to describe
laws which deal with a specific subject matter as opposed to broadly applicable laws, such as the
patent laws, which provide protection for many fields of technology and many subject matters.  The
UPOV Convention establishes the rules for a system of protection which concerns itself solely with
the protection of plant varieties and is accordingly a sui generis  system
12. On 1 February 1999, so far as the Office of UPOV was aware, the only sui generis legal
systems for the protection of plant varieties in any countries which were not based upon the principles
of the UPOV Convention, were the plant patent system of the United States of America for the
protection of asexually reproduced varieties and a similar system in the patent law of the Republic of
Korea.  The conditions for the grant of protection under these plant patent systems differ somewhatfrom the UPOV system.  However, the effects of the two systems are similar and the United States of
America first became a member State of UPOV on the basis of its plant patent law as a result of the
enabling provision in Article 37 of the 1978 Act.
(Three Appendices follow)IP/C/W/130
Page 4
APPENDIX 1
STATES PARTY TO THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF
NEW VARIETIES OF PLANTS
International Convention for the Protection of New Varieties of Plants*
UPOV Convention (1961), as revised at Geneva (1972, 1978 and 1991)
Status on February 1, 1999
State Date on which State
became member o f
UPOVNumber o f
contribution
unitsLatest Act2 of the Convention to which State is party
and date on which State became party to that Act
Argentina December 25 , 1994 0.5 1978 Act December 25 , 1994
Australia March 1 , 1989 1.0 1978 Act March 1 , 1989
Austria Jul y 14, 1994 1.5 1978 Act Jul y 14, 1994
Belgium3December 5 , 1976 1.5 1961/1972 Act............. December 5 , 1976
Bulgaria A pril 24 , 1998 0.2 1991 Act A pril 24 , 1998
Canada March 4 , 1991 1.0 1978 Act March 4 , 1991
Chile Januar y 5, 1996 0.2 1978 Act Januar y 5, 1996
Colombia Se ptember 13 , 1996 0.2 1978 Act Se ptember 13 , 1996
Czech Re public........................ Januar y 1, 1993 0.5 1978 Act Januar y 1, 1993
Denmark4................................. October 6 , 1968 1.5 1991 Act A pril 24 , 1998
Ecuado r August 8 , 1997 0.2 1978 Act Au gust 8 , 1997
Finland A pril 16 , 1993 1.0 1978 Act A pril 16 , 1993
France5October 3 , 1971 5.0 1978 Act March 17 , 1983
German y August 10 , 1968 5.0 1991 Act Jul y 25, 1998
Hungary April 16 , 1983 0.5 1978 Act A pril 16 , 1983
Ireland November 8 , 1981 1.0 1978 Act November 8 , 1981
Israel December 12 , 1979 0.5 1991 Act A pril 24 , 1998
Italy July 1, 1977 2.0 1978 Act Ma y 28, 1986
Japan Se ptember 3 , 1982 5.0 1991 Act December 24 , 1998
Mexico Au gust 9 , 1997 0.75 1978 Act Au gust 9 , 1997
Netherlands.............................. Au gust 10 , 1968 3.0 1991 Act6.................... A pril 24 , 1998
New Zealand............................ November 8 , 1981 1.0 1978 Act November 8 , 1981
Norwa y September 13 , 1993 1.0 1978 Act Se ptember 13 , 1993
Paraguay Februar y 8, 1997 0.2 1978 Act Februar y 8, 1997
Poland November 11 , 1989 0.5 1978 Act November 11 , 1989
Portu gal October 14 , 1995 0.5 1978 Act October 14 , 1995
Republic of Moldova............... October 28 , 1998 0.2 1991 Act October 28 , 1998
Russian Federation .................. A pril 24 , 1998 0.5 1991 Act A pril 24 , 1998
Slovakia Januar y 1, 1993 0.5 1978 Act Januar y 1, 1993
South Africa............................. November 6 , 1977 1.0 1978 Act November 8 , 1981
Spain7May 18, 1980 1.5 1961/ 1972 Act............. Ma y 18, 1980
Sweden December 17 , 1971 1.5 1991 Act A pril 24 , 1998
Switzerland.............................. Jul y 10, 1977 1.5 1978 Act November 8 , 1981
Trinidad and Toba go ............... Januar y 30, 1998 0.2 1978 Act Januar y 30, 1998
Ukraine November 3 , 1995 0.5 1978 Act November 3 , 1995
United Kin gdom...................... Au gust 10 , 1968 5.0 1991 Act Januar y 3, 1999
United States of America......... November 8 , 1981 5.0 1991 Act8.................... Februar y 22, 1999
Uruguay November 13 , 1994 0.2 1978 Act November 13 , 1994
                                                     
1* The International Union for the Protection of New Varieties of Plants (UPOV), established by the International Convention fo r the Protection of New Varieties of Plants,
is an independent intergovernmental organization having legal personality. Pursuant to an agreement concluded between the World  Intellectual Property Organization
(WIPO) and UPOV, the Director General of WIPO is the Secretary-General of UPOV and WIPO provides administrative and financial s ervices to UPOV.
2 “1961/1972 Act” means the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as amen ded by the Additional Act of
November 10, 1972;  “1978 Act” means the Act of October 23, 1978, of the Convention;  “1991 Act” means the Act of March 19, 199 1, of the Convention.
3 With a notification under Article 34(2) of the 1978 Act.4 With a declaration that the Convention of 1961, the Additional Act of 1972, the 1978 Act and the 1991 Act are not applicable to Greenland and the Faroe Islands.
5 With a declaration that the 1978 Act applies to the territory of the French Republic, including the Overseas Departments and Territories.
6 Ratification for the Kingdom in Europe.
7 With a declaration that the Convention of 1961 and the Additional Act of 1972 apply to the entire territory of Spain.
8
 With a reservation pursuant to Article 35(2) of the 1991 Act.IP/C/W/130
Page 5
APPENDIX 2
To Factual Information Con cerning the UPOV Convention
Supplied Pursuant to a Request  of the Council for TRIPS
ACT OF 1978
INTERNATIONAL CONVENTION FOR THE PROTECTION
OF NEW VARIETIES OF PLANTS
of December 2, 1961, as Revised at Geneva
on November 10, 1972, and on
October 23, 1978
Shared/organization/wto/295(E)a2.docIP/C/W/130
Page 6
ACT OF 1978
INTERNATIONAL CONVENTION
FOR THE PROTECTION OF
NEW VARIETIES OF PLANTS
of December 2, 1961, as Revised at Geneva on
November 10, 1972, and on October 23, 1978
TABLE OF CONTENTS
Preamble
Article 1: Purpose of the Convention;  Constitution of a Union;  Seat of the UnionArticle 2: Forms of Protection
Article 3: National Treatment;  Reciprocity
Article 4: Botanical Genera and Species Which Must or May be ProtectedArticle 5: Rights Protected;  Scope of ProtectionArticle 6: Conditions Required for ProtectionArticle 7: Official Examination of Varieties;  Provisional ProtectionArticle 8: Period of ProtectionArticle 9: Restriction in the Exercise of Rights ProtectedArticle 10: Nullity and Forfeiture of the Rights Protected
Article 11: Free Choice of the Member State in Which the First Application is Filed;  Application
in Other Member States;  Independence of Protection in Different Member States
Article 12: Right of PriorityArticle 13: Variety DenominationArticle 14: Protection Independent of Measur es Regulating Production, Certification and
Marketing
Article 15: Organs of the UnionArticle 16: Composition of the Council;  VotesArticle 17: Observers in Meetings of the CouncilArticle 18: President and Vice-Presidents of the CouncilArticle 19: Sessions of the Council
Article 20: Rules of Procedure of the Council;  Administrative and Financial Regulations of the
Union
Article 21: Tasks of the CouncilArticle 22: Majorities Required for Decisions of the CouncilArticle 23: Tasks of the Office of the Union;  Responsibilities of the Secretary-General;
Appointment of Staff
Article 24: Legal StatusIP/C/W/130
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Article 25: Auditing of the Accounts
Article 26: FinancesArticle 27: Revision of the ConventionArticle 28: Languages Used by the Office and in Meetings of the CouncilArticle 29: Special Agreements for the Protection of New Varieties of Plants
Article 30: Implementation of the Convention on the Domestic Level;  Contracts on the Joint
Utilisation of Examination Services
Article 31: SignatureArticle 32: Ratification, Acceptance or Approval;  AccessionArticle 33: Entry Into Force;  Closing of Earlier TextsArticle 34: Relations Between States Bound by Different Texts
Article 35: Communications Concerning the Genera and Species Protected;  Information to be
Published
Article 36: TerritoriesArticle 37: Exceptional Rules for Protection Under Two FormsArticle 38: Transitional Limitation of the Requirement of NoveltyArticle 39: Preservation of Existing RightsArticle 40: ReservationsArticle 41: Duration and Denunciation of the Convention
Article 42: Languages;  Depository FunctionsIP/C/W/130
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THE CONTRACTING PARTIES
Considering that the International Convention for the Protection of New Varieties of Plants of
December 2, 1961, amended by the Additional Act of November 10, 1972, has proved a valuable
instrument for international cooperation in the field of the protection of the rights of the breeders,
Reaffirming the principles contained in the Preamble to the Convention to the effect that:
(a) they are convinced of the importance attaching to the protection of new varieties of
plants not only for the development of agriculture in their territory but also for
safeguarding the interests of breeders,
(b) they are conscious of the special problems arising from the recognition and protection
of the rights of breeders and particularly of the limitations that the requirements of the
public interest may impose on the free exercise of such a right,
(c) they deem it highly desirable that these problems, to which very many States rightly
attach importance, should be resolved by each of them in accordance with uniformand clearly defined principles,
Considering  that the idea of protecting the rights of breeders has gained general acceptance in many
States which have not yet acceded to the Convention,
Considering that certain amendments in the Convention are necessary in order to facilitate the joining
of the Union by these States,
Considering  that some provisions concerning the administration of the Union created by the
Convention require amendment in the light of experience,
Considering  that these objectives may be best achieved by a new revision of the Convention,
Have agreed  as follows:IP/C/W/130
Page 9
Article 1
Purpose of the Convention;  Constituti on of a Union;  Seat of the Union
(1) The purpose of this Convention is to recognise and to ensure to the breeder of a new plant
variety or to his successor in title (both hereinafter referred to as “the breeder”) a right under
the conditions hereinafter defined.
(2) The States parties to this Convention (hereinafter referred to as “the member States of the
Union”) constitute a Union for the Protection of New Varieties of Plants.
(3) The seat of the Union and its permanent organs shall be at Geneva.
Article 2
Forms of Protection
(1) Each member State of the Union may recognise the right of the breeder provided for in this
Convention by the grant either of a special title of protection or of a patent.  Nevertheless, a
member State of the Union whose national law admits of protection under both these forms
may provide only one of them for one and the same botanical genus or species.
(2) Each member State of the Union may limit the application of this Convention within a genus
or species to varieties with a particular manner of reproduction or multiplication, or a certain
end-use.
Article 3
National Treatment;  Reciprocity
(1) Without prejudice to the rights specially prov ided for in this Convention, natural and legal
persons resident or having their registered office in one of the member States of the Union
shall, in so far as the recognition and protection of the right of the breeder are concerned,enjoy in the other member States of the Union the same treatment as is accorded or may
hereafter be accorded by the respective laws of such States to their own nationals, provided
that such persons comply with the conditions and formalities imposed on such nationals.
(2) Nationals of member States of the Union not resident or having their registered office in one
of those States shall likewise enjoy the same ri ghts provided that they fulfil such obligations
as may be imposed on them for the purpose of enabling the varieties which they have bred to
be examined and the multiplication of such varieties to be checked.
(3) Notwithstanding the provisions of paragraph (1) and paragraph (2), any member State of the
Union applying this Convention to a given genus or species shall be entitled to limit the
benefit of the protection to the nationals of those member States of the Union which apply
this Convention to that genus or species and to natural and legal persons resident or having
their registered office in any of those States.IP/C/W/130
Page 10
Article 4
Botanical Genera and Species Which Must or May be Protected
(1) This Convention may be applied to all botanical genera and species.
(2) The member States of the Union undertake to adopt all measures necessary for the
progressive application of the provisions of this Convention to the largest possible number ofbotanical genera and species.
(3) (a) Each member State of the Union shall, on the entry into force of this Convention in 
its territory, apply the provisions of this Convention to at least five genera or species.
(b) Subsequently, each member State of the Union shall apply the said provisions to
additional genera or species within the following periods from the date of the entryinto force of this Convention in its territory:
(i) within three years, to at least ten genera or species in all;(ii) within six years, to at least eighteen genera or species in all;(iii) within eight years, to at least twenty-four genera or species in all.
(c) If a member State of the Union has limited the application of this Convention within a
genus or species in accordance with the provisions of Article 2(2), that genus orspecies shall nevertheless, for the purposes of subparagraph (a) and subparagraph (b),
be considered as one genus or species.
(4) At the request of any State intending to ratify, accept, approve or accede to this Convention,
the Council may, in order to take account of special economic or ecological conditionsprevailing in that State, decide, for the purpose of that State, to reduce the minimum numbers
referred to in paragraph (3), or to extend the periods referred to in that paragraph, or to do
both.
(5) At the request of any member State of the Union, the Council may, in order to take account of
special difficulties encountered by that State in the fulfilment of the obligations under
paragraph (3) (b), decide, for the purposes of that State, to extend the periods referred to in
paragraph (3) (b).
Article 5
Rights Protected;  Scope of Protection
(1) The effect of the right granted to the breeder is that his prior authorisation shall be required
for
- the production for purposes of commercial marketing
- the offering for saleIP/C/W/130
Page 11
- the marketing
of the reproductive or vegetative propagating material, as such, of the variety.Vegetative propagating material shall be deemed to include whole plants.  The right of the
breeder shall extend to ornamental plants or parts thereof normally marketed for purposes other thanpropagation when they are used commercially as pr opagating material in the production of ornamental
plants or cut flowers.
(2) The authorisation given by the breeder may be made subject to such conditions as he may
specify.
(3) Authorisation by the breeder shall not be required either for the utilisation of the variety as an
initial source of variation for the purpose of creating other varieties or for the marketing of
such varieties.  Such authorisation shall be required, however, when the repeated use of the
variety is necessary for the commercial production of another variety.
(4) Any member State of the Union may, either under its own law or by means of special
agreements under Article 29, grant to breeders, in respect of certain botanical genera or
species, a more extensive right than that set out in paragraph (1), extending in particular to the
marketed product.  A member State of the Union which grants such a right may limit the
benefit of it to the nationals of member States of the Union which grant an identical right and
to natural and legal persons resident or having their registered office in any of those States.
Article 6
Conditions Required for Protection
(1) The breeder shall benefit from the protectio n provided for in this Convention when the
following conditions are satisfied:
(a) Whatever may be the origin, artificial or natural, of the initial variation from which it
has resulted, the variety must be clearly distinguishable by one or more important
characteristics from any other variety whose existence is a matter of commonknowledge at the time when protection is applied for.  Common knowledge may be
established by reference to various factors such as:  cultivation or marketing already
in progress, entry in an official register of varieties already made or in the course of
being made, inclusion in a reference collection, or precise description in a
publication.  The characteristics which permit a variety to be defined and
distinguished must be capable of precise recognition and description.
(b) At the date on which the application for protection in a member State of the Union is
filed, the variety
(i) must not—or, where the law of that State so provides, must not for longer 
than one year—have been offered for sale or marketed, with the agreement ofthe breeder, in the territory of that State, andIP/C/W/130
Page 12
(ii) not have been offered for sale or marketed, with the agreement of the breeder,
in the territory of any other State for longer than six years in the case of 
vines, forest trees, fruit trees and ornamental trees, including, in each case, 
their rootstocks, or for longer than four years in the case of all other plants.
Trials of the variety not involving offering for sale or marketing shall not affect the right to
protection.  The fact that the variety has become a matter of common knowledge in ways other than
through offering for sale or marketing shall also not affect the right of the breeder to protection.
(c) The variety must be sufficiently homogeneous, having regard to the particular
features of its sexual reproduction or vegetative propagation.
(d) The variety must be stable in its essential characteristics, that is to say, it must remain
true to its description after repeated reproduction or propagation or, where the breeder
has defined a particular cycle of reproduction or multiplication, at the end of each
cycle.
(e) The variety shall be given a denomination as provided in Article 13.
(2) Provided that the breeder shall have compli ed with the formalities provided for by the
national law of the member State of the Union in which the application for protection was
filed, including the payment of fees, the grant of protection may not be made subject to
conditions other than those set forth above.
Article 7
Official Examination of Variet ies;  Provisional Protection
(1) Protection shall be granted after examination of the variety in the light of the criteria defined
in Article 6.  Such examination shall be appropriate to each botanical genus or species.
(2) For the purposes of such examination, the competent authorities of each member State of the
Union may require the breeder to furnish all the necessary information, documents,
propagating material or seeds.
(3) Any member State of the Union may provide measures to protect the breeder against abusive
acts of third parties committed during the period between the filing of the application for
protection and the decision thereon.
Article 8
Period of Protection
The right conferred on the breeder shall be granted for a limited period.  This period may not
be less than fifteen years, computed 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 period of
protection may not be less than eighteen years, computed from the said date.IP/C/W/130
Page 13
Article 9
Restrictions in the Exercise of Rights Protected
(1) The free exercise of the exclusive right accorded to the breeder may not be restricted
otherwise than for reasons of public interest.
(2) When any such restriction is made in order to ensure the widespread distribution of the
variety, the member State of the Union concerned shall take all measures necessary to ensure
that the breeder receives equitable remuneration.
Article 10
Nullity and Forfeiture of the Rights Protected
(1) The right of the breeder shall be declared null and void, in accordance with the provisions of
the national law of each member State of the Union, if it is established that the conditions laid
down in Article 6(1) (a) and Article 6(1) (b) were not effectively complied with at the time
when the title of protection was issued.
(2) The right of the breeder shall become forfeit when he is no longer in a position to provide the
competent authority with reproductive or propagating material capable of producing thevariety with its characteristics as defined when the protection was granted.
(3) The right of the breeder may become forfeit if:
(a) after being requested to do so and within a prescribed period, he does not provide the
competent authority with the reproductive or  propagating material, the documents and
the information deemed necessary for checking the variety, or he does not allow
inspection of the measures which have been taken for the maintenance of the variety;
or
(b) he has failed to pay within the prescribed period such fees as may be payable to keep
his rights in force.
(4) The right of the breeder may not be annulled or become forfeit except on the grounds set out
in this Article.
Article 11
Free Choice of the Member State in Which the First Application is Filed;
Application in Other Member States;  Independence
of Protection in Different Member States
(1) The breeder may choose the member State of the Union in which he wishes to file his first
application for protection.
(2) The breeder may apply to other member States of the Union for protection of his right without
waiting for the issue to him of a title of protection by the member State of the Union in which
he filed his first application.IP/C/W/130
Page 14
(3) The protection applied for in different member States of the Union by natural or legal persons
entitled to benefit under this Convention shall be independent of the protection obtained for
the same variety in other States whether or not such States are members of the Union.
Article 12
Right of Priority
(1) Any breeder who has duly filed an application for protection in one of the member States of
the Union shall, for the purpose of filing in the other member States of the Union, enjoy a
right of priority for a period of twelve months.  This period shall be computed from the date
of filing of the first application.  The day of filing shall not be included in such period.
(2) To benefit from the provisions of paragraph (1 ), the further filing must include an application
for protection, a claim in respect of the priority of the first application and, within a period of
three months, a copy of the documents which constitute that application, certified to be a true
copy by the authority which received it.
(3) The breeder shall be allowed a period of four years after the expiration of the period of
priority in which to furnish, to the member State of the Union with which he has filed an
application for protection in accordance with the terms of paragraph (2), the additional
documents and material required by the laws and regulations of that State.  Nevertheless, that
State may require the additional documents and material to be furnished within an adequateperiod in the case where the application whose priority is claimed is rejected or withdrawn.
(4) Such matters as the filing of another application of the publication or use of the subject of the
application, occurring within the period provided for in paragraph (1), shall not constitute
grounds for objection to an application filed in accordance with the foregoing conditions.Such matters may not give rise to any right in favour of a third party or to any right of
personal possession.
Article 13
Variety Denomination
(1) The variety shall be designated by a denomination destined to be its generic designation.
Each member State of the Union shall ensure that subject to paragraph (4) no rights in the
designation registered as the denomination of the variety shall hamper the free use of the
denomination in connection with the variety, even after the expiration of the protection.
(2) The denomination must enable the variety to be identified.  It may not consist solely of
figures except where this is an established practice for designating varieties.  It must not be
liable to mislead or to cause confusion concerning the characteristics, value or identity of the
variety or the identity of the breeder.  In particular, it must be different from every
denomination which designates, in any member St ate of the Union, an existing variety of the
same botanical species or of a closely related species.
(3) The denomination of the variety shall be submitt ed by the breeder to the authority referred to
in Article 30(1) (b).  If it is found that such denomination does not satisfy the requirements ofIP/C/W/130
Page 15
paragraph (2), that authority shall refuse to register it and shall require the breeder to propose
another denomination within a prescribed period.  The denomination shall be registered at the
same time as the title of protection is issued in accordance with the provisions of Article 7.
(4) Prior rights of third parties shall not be affected.  If, by reason of a prior right, the use of the
denomination of a variety is forbidden to a person who, in accordance with the provisions ofparagraph (7), is obliged to use it, the authority referred to in Article 30(1) (b) shall require the
breeder to submit another denomination for the variety.
(5) A variety must be submitted in member States of the Union under the same denomination.
The authority referred to in Article 30(1) (b) shall register the denomination so submitted,
unless it considers that denomination unsuitable in its State.  In the latter case, it may require
the breeder to submit another denomination.
(6) The authority referred to in Article 30(1) (b) shall ensure that all the other such authorities are
informed of matters concerning variety denominations, in particular the submission,
registration and cancellation of denominations.  Any authority referred to in Article 30(1) (b)
may address its observations, if any, on the registration of a denomination to the authoritywhich communicated that denomination.
(7) Any person who, in a member State of the Union, offers for sale or markets reproductive or
vegetative propagating material of a variety protected in that State shall be obliged to use the
denomination of that variety, even after the expiration of the protection of that variety, in sofar as, in accordance with the provisions of paragraph (4), prior rights do not prevent such
use.
(8) When the variety is offered for sale or marketed, it shall be permitted to associate a trade
mark, trade name or other similar identification with a registered variety denomination.  Ifsuch an indication is so associated, the denomination must nevertheless be easily
recognizable.
Article 14
Protection Independent of Measures Regulating Production,
Certification and Marketing
(1) The right accorded to the breeder in pursuance of the provisions of this Convention shall be
independent of the measures taken by each member State of the Union to regulate the
production, certification and marketing of seeds and propagating material.
(2) However, such measures shall, as far as possible, avoid hindering the application of the
provisions of this Convention.
Article 15
Organs of the Union
The permanent organs of the Union shall be:
(a) the Council;IP/C/W/130
Page 16
(b) the Secretariat General, entitled the Office of the International Union for the
Protection of New Varieties of Plants.
Article 16
Composition of the Council;  Votes
(1) The Council shall consist of the representatives of the member States of the Union.  Each
member State of the Union shall appoint one re presentative to the Council and one alternate.
(2) Representatives or alternates may be accompanied by assistants or advisers.(3) Each member State of the Union shall have one vote in the Council.
Article 17
Observers in Meetings of the Council
(1) States not members of the Union which have signed this Act shall be invited as observers to
meetings of the Council.
(2) Other observers or experts may also be invited to such meetings.
Article 18
President and Vice-Presidents of the Council
(1) The Council shall elect a President and a first Vice-President from among its members.  It
may elect other Vice-Presidents.  The first Vice-President shall take the place of the President if the
latter is unable to officiate.
(2) The President shall hold office for three years.
Article 19
Sessions of the Council
(1) The Council shall meet upon convocation by its President.  (2) An ordinary session of the
Council shall be held annually.  In addition, the President may convene the Council at his
discretion;  he shall convene it, within a period of three months, if one-third of the member
States of the Union so request.IP/C/W/130
Page 17
Article 20
Rules of Procedure of the Council;   Administrative and Financial
Regulations of the Union
The Council shall establish its rules of procedure and the administrative and financial
regulations of the Union.
Article 21
Tasks of the Council
The tasks of the Council shall be to:
(a) study appropriate measures to safeguard the interests and to encourage the
development of the Union;
(b) appoint the Secretary-General and, if it finds it necessary, a Vice Secretary-General
and determine the terms of appointment of each;
(c) examine the annual report on the activities of the Union and lay down the programme
for its future work;
(d) give to the Secretary-General, whose functions are set out in Article 23, all necessary
directions for the accomplishment of the tasks of the Union;
(e) examine and approve the budget of the Union and fix the contribution of each
member State of the Union in accordan ce with the provisions of Article 26;
(f) examine and approve the accounts presented by the Secretary-General;
(g) fix, in accordance with the provisions of Article 27, the date and place of the
conferences referred to in that Article and take the measures necessary for their
preparation;  and
(h) in general, take all necessary decisions to ensure the efficient functioning of the
Union.
Article 22
Majorities Required for Decisions of the Council
Any decision of the Council shall require a simple majority of the votes of the members
present and voting, provided that any decision of the Council under Article 4(4), Article 20, Article
21(e), Article 26(5) (b), Article 27(1), Article 28(3) or Article 32(3) shall require three-fourths of the
votes of the members present and voting.  Abstentions shall not be considered as votes.IP/C/W/130
Page 18
Article 23
Tasks of the Office of the Union;  Responsibilities of the Secretary-General;
Appointment of Staff
(1) The Office of the Union shall carry out all the duties and tasks entrusted to it by the Council.
It shall be under the direction of the Secretary-General.
(2) The Secretary-General shall be responsible to the Council;  he shall be responsible for
carrying out the decisions of the Council.  He shall submit the budget for the approval of the
Council and shall be responsible for its implem entation.  He shall make an annual report to
the Council on his administration and a report on the activities and financial position of the
Union.
(3) Subject to the provisions of Article 21 (b), the conditions of appointment and employment of
the staff necessary for the efficient performance of the tasks of the Office of the Union shall
be fixed in the administrative and financial regulations referred to in Article 20.
Article 24
Legal Status
(1) The Union shall have legal personality.
(2) The Union shall enjoy on the territory of each  member State of the Union, in conformity with
the laws of that State, such legal capacity as may be necessary for the fulfilment of the
objectives of the Union and for the exercise of its functions.
(3) The Union shall conclude a headquarters agreement with the Swiss Confederation.
Article 25
Auditing of the Accounts
The auditing of the accounts of the Union shall be effected by a member State of the Union as
provided in the administrative and financial regulations referred to in Article 20.  Such State shall be
designated, with its agreement, by the Council.
Article 26
Finances
(1) The expenses of the Union shall be met from:
- the annual contributions of the member States of the Union;- payments received for services rendered;- miscellaneous receipts.IP/C/W/130
Page 19
(2) (a) The share of each member State of the Union in the total amount of the annual
contributions shall be determined by reference to the total expenditure to be met from
the contributions of the member States of the Union and to the number of
contribution units applicable to it under paragraph (3).  The said share shall be
computed according to paragraph (4).
(b) The number of contribution units shall be expressed in whole numbers or fractions
thereof, provided that such number shall not be less than one-fifth.
(3) (a) As far as any State is concerned which is a member State of the Union on the date on 
which this Act enters into force with respect to that State, the number of contribution 
units applicable to it shall be the same as was applicable to it, immediately before the 
said date, according to the Convention of 1961 as amended by the Additional Act of 1972.
(b) As far as any other State is concerned, that State shall, on joining the Union, indicate,
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 contribution units different from the number
applicable to it under subparagraph (a) or subparagraph (b).  Such declaration, if
made during the first six months of a calendar year, shall take effect from thebeginning of the subsequent calendar year;  otherwise it shall take effect from the
beginning of the second calendar year which follows the year in which the declaration
was made.
(4) (a) For each budgetary period, the amount corresponding to one contribution unit shall be
obtained by dividing the total amount of the expenditure to be met in that period from
the contributions of the member States of the Union by the total number of units
applicable to those States.
(b) The amount of the contribution of each member State of the Union shall be obtained
by multiplying the amount corresponding to one contribution unit by the number of
contribution units applicable to that State.
(5) (a) A member State of the Union which is in ar rears in the payment of its contributions 
may not, subject to paragraph (b), exercise its right to vote in the Council if the 
amount of its arrears equals or exceeds the amount of the contributions due from it for
the preceding two full years.  The suspension of the right to vote does not relieve suchState of its obligations under this Convention and does not deprive it of any other 
rights thereunder.
(b) The Council may allow the said State to conti nue to exercise its right to vote if, and
as long as, the Council is satisfied that the delay in payment is due to exceptional andunavoidable circumstances.IP/C/W/130
Page 20
Article 27
Revision of the Convention
(1) This Convention may be revised by a conference of the member States of the Union.  The
convocation of such conference shall be decided by the Council.
(2) The proceedings of a conference shall be effective only if at least half of the member States of
the Union are represented at it.  A majority of five-sixths of the member States of the Union
represented at the conference shall be required for the adoption of a revised text of the
Convention.
Article 28
Languages Used by the Office and in Meetings of the Council
(1) The English, French and German languages shall be used by the Office of the Union in
carrying out its duties.
(2) Meetings of the Council and of revision conferences shall be held in the three languages.
(3) If the need arises, the Council may decide  that further languages shall be used.
Article 29
Special Agreements for the Protection of New Varieties of Plants
Member States of the Union reserve the right to conclude among themselves special
agreements for the protection of new varieties of plants, in so far as such agreements do not
contravene the provisions of this Convention.
Article 30
Implementation of the Conven tion on the Domestic Level;
Contracts on the Joint Utilisation of Examination Services
(1) Each member State of the Union shall adopt all measures necessary for the application of this
Convention;  in particular, it shall:
(a) provide for appropriate legal remedies for the effective defence of the rights provided
for in this Convention;
(b) set up a special authority for the protection of new varieties of plants or entrust such
protection to an existing authority;
(c) ensure that the public is informed of matters concerning such protection, including as
a minimum the periodical publication of the list of titles of protection issued.IP/C/W/130
Page 21
(2) Contracts may be concluded between the competent authorities of the member States of the
Union, with a view to the joint utilisation of th e services of the authorities entrusted with the
examination of varieties in accordance with the provisions of Article 7 and with assembling
the necessary reference collections and documents.
(3) It shall be understood that, on depositing its instrument of ratification, acceptance, approval or
accession, each State must be in a position, under its own domestic law, to give effect to the
provisions of this Convention.
Article 31
Signature
This Act shall be open for signature by any member State of the Union and any other State
which was represented in the Diplomatic Conference adopting this Act.  It shall remain open for
signature until October 31, 1979.
Article 32
Ratification, Acceptance or Approval;  Accession
(1) Any State shall express its consent to be bound by this Act by the deposit of:
(a) its instrument of ratification, acceptance or approval, if it has signed this Act;  or
(b) its 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 shall, before
depositing its instrument of accession, ask the Council to advise it in respect of the
conformity of its laws with the provisions of this Act.  If the decision embodying the advice is
positive, the instrument of accession may be deposited.
Article 33
Entry into Force;  Closing of Earlier Texts
(1) This Act shall enter into force one month after the following two conditions are fulfilled:
(a) the number of instruments of ratification, acceptance, approval or accession deposited
is not less than five;  and
(b) at least three of the said instruments are instruments deposited by States parties to the
Convention of 1961.
(2) With respect to any State which deposits its instrument of ratification, acceptance, approval or
accession after the conditions referred to in paragraph (1) (a) and paragraph (1) (b) have beenIP/C/W/130
Page 22
fulfilled, this Act shall enter into force one month after the deposit of the instrument of the
said State.
(3) Once this Act enters into force according  to paragraph (1), no State may accede to the
Convention of 1961 as amended by the Additional Act of 1972.
Article 34
Relations Between States Bound by Different Texts
(1) Any member State of the Union which, on the day on which this Act enters into force with
respect to that State, is bound by the Convention of 1961 as amended by the Additional Act of
1972 shall, in its relations with any other me mber State of the Union which is not bound by
this Act, continue to apply, until the present Act enters into force also with respect to that
other State, the said Convention as amended by the said Additional Act.
(2) Any member State of the Union not bound by this  Act (“the former State”) may declare, in a
notification addressed to the Secretary-General, that it will apply the Convention of 1961 as
amended by the Additional Act of 1972 in its relations with any State bound by this Actwhich becomes a member of the Union through ratification, acceptance or approval of or
accession to this Act (“the latter State”).  As from the beginning of one month after the date of
any such notification and until the entry into for ce of this Act with respect to the former State,
the former State shall apply the Convention of 1961 as amended by the Additional Act of
1972 in its relations with any such latter State, whereas any such latter State shall apply this
Act in its relations with the former State.
Article 35
Communications Concerning the Genera and Species Protected;
Information to be Published
(1) When depositing its instrument of ratification, acceptance or approval of or accession to this
Act, each State which is not a member of the Union shall notify the Secretary-General of the
list of genera and species to which, on the entry into force of this Act with respect to that
State, it will apply the provisions of this Convention.
(2) The Secretary-General shall, on the basis of communications received from each member
State of the Union concerned, publish information on:
(a) the extension of the application of the provisions of this Convention to additional
genera and species after the entry into force of this Act with respect to that State;
(b) any use of the faculty provided for in Article 3(3);
(c) the use of any faculty granted by the Council pursuant to Article 4(4) or Article 4(5);
(d) any use of the faculty provided for in Article 5(4), first sentence, with an indication of
the nature of the more extensive rights and with a specification of the genera andspecies to which such rights apply;IP/C/W/130
Page 23
(e) any use of the faculty provided for in Article 5(4), second sentence;
(f) the fact that the law of the said State contains a provision as permitted under Article
6(1)(b)(i), and the length of the period permitted;
(g) the length of the period referred to in Article 8 if such period is longer than the fifteen
years and the eighteen years, respectively, referred to in that Article.
Article 36
Territories
(1) Any State may declare in its instrument of ratification, acceptance, approval or accession, or
may inform the Secretary-General by written no tification any time thereafter, that this Act
shall be applicable to all or part of the territories designated in the declaration or notification.
(2) Any State which has made such a declaration or given such a notification may, at any time,
notify the Secretary-General that this Act shall cease to be applicable to all or part of such
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 given under that paragraph shall take effect three 
months after its notification by the Secretary-General.
(b) Any notification given under paragraph (2) shall take effect twelve months after its
receipt by the Secretary-General.
Article 37
Exceptional Rules for Prot ection Under Two Forms
(1) Notwithstanding the provisions of Article 2(1), any State which, prior to the end of the period
during which this Act is open for signature, provides for protection under the different forms
referred to in Article 2(1) for one and the same genus or species, may continue to do so if, atthe time of signing this Act or of depositing its instrument of ratification, acceptance or
approval of or accession to this Act, it notifies the Secretary-General of that fact.
(2) Where, in a member State of the Union to which paragraph (1) applies, protection is sought
under patent legislation, the said State may apply the patentability criteria and the period ofprotection of the patent legislation to the varieties protected thereunder, notwithstanding the
provisions of Article 6(1) (a), Article 6(1) (b) and Article 8.
(3) The said State may, at any time, notify the Secretary-General of the withdrawal of the
notification it has given under paragraph (1).  Such withdrawal shall take effect on the date
which the State shall indicate in its notification of withdrawal.IP/C/W/130
Page 24
Article 38
Transitional Limitation of the Requirement of Novelty
Notwithstanding the provisions of Article 6, any member State of the Union may, without
thereby creating an obligation for other member States of the Union, limit the requirement of novelty
laid down in that Article, with regard to varieties of recent creation existing at the date on which such
State applies the provisions of this Convention for the first time to the genus or species to which suchvarieties belong.
Article 39
Preservation of Existing Rights
This Convention shall not affect existing rights under the national laws of member States of
the Union or under agreements concluded between such States.
Article 40
Reservations
No reservations to this Convention are permitted.
Article 41
Duration and Denunciation of the Convention
(1) This Convention is of unlimited duration.
(2) Any member State of the Union may denounce this Convention by notification addressed to
the Secretary-General.  The Secretary-General shall promptly notify all member States of the
Union of the receipt of that notification.
(3) The denunciation shall take effect at the end of the calendar year following the year in which
the notification was received by the Secretary-General.
(4) The denunciation shall not affect any rights acquired in a variety by reason of this Convention
prior to the date on which the denunciation becomes effective.
Article 42
Languages;  Depositary Functions
(1) This Act shall be signed in a single original in the French, English and German languages, the
French text prevailing in case of any discrepancy among the various texts.  The original shall
be deposited with the Secretary-General.IP/C/W/130
Page 25
(2) The Secretary-General shall transmit two certified copies of this Act to the Governments of
all States which were represented in the Diplomatic Conference that adopted it and, on
request, to the Government of any other State.
(3) The Secretary-General shall, after consultation with the Governments of the interested States
which were represented in the said Conference, establish official texts in the Arabic, Dutch,Italian, Japanese and Spanish languages and such other languages as 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 member States of the Union and
of the States which, without being members of the Union, were represented in the Diplomatic
Conference that adopted it of the signatures of this Act, the deposit of instruments of
ratification, acceptance, approval and accession, any notification received under Article 34(2),
Article 36(1) and (2), Article 37(1) and Article 37(3) or Article 41(2) and any declaration
made under Article 36(1).IP/C/W/130
Page 26
APPENDIX 3
To Factual Information Concerning the UPOV Convention
Supplied Pursuant to a Request of the Council for TRIPS
1991 ACT OF THE UPOV CONVENTION
INTERNATIONAL CONVENTION
FOR THE PROTECTION OF
NEW VARIETIES OF PLANTS
of December 2, 1961,
as Revised at Geneva on November 10, 1972,
on October 23, 1978, and on March 19, 1991
LIST OF ARTICLES
Chapter I: Definitions
Article 1 : Definitions
Chapter 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
Chapter III: Conditions for the Grant of the Breeder’s Right
Article 5 : Conditions of Protection
Article 6 : Novelty
Article 7 : Distinctness
Article 8 : Uniformity
Article 9 : Stability
Chapter IV: Application for the Grant of the Breeder’s Right
Article 10 : Filing of Applications
Article 11 : Right of Priority
Article 12 : Examination of the Application
Article 13 : Provisional Protection
Shared/organization/wto/221(e)a3.docIP/C/W/130
Page 27
Chapter V: The Rights of the Breeder
Article 14 : Scope of the Breeder’s Right
Article 15 : Exceptions to the Breeder’s Right
Article 16 : Exhaustion of the Breeder’s Right
Article 17 : Restrictions on the Exercise of the Breeder’s Right
Article 18 : Measures Regulating Commerce
Article 19 : Duration of the Breeder’s Right
Chapter VI: Variety Denomination
Article 20 : Variety Denomination
Chapter VII: Nullity and Cancellation of the Breeder’s Right
Article 21 : Nullity of the Breeder’s Right
Article 22 : Cancellation of the Breeder’s Right
Chapter VIII: The Union
Article 23 :M e m b e r s
Article 24 : Legal Status and Seat
Article 25 :O r g a n s
Article 26 : The Council
Article 27 : The Office of the Union
Article 28 : Languages
Article 29 :F i n a n c e s
Chapter IX: Implementation of the Convention;  Other Agreements
Article 30 : Implementation of the Convention
Article 31 : Relations Between Contracting Parties and States Bound by Earlier Acts
Article 32 : Special Agreements
Chapter X: Final Provisions
Article 33 : Signature
Article 34 : Ratification, Acceptance or Approval;  Accession
Article 35 : Reservations
Article 36 : Communications Concerning Legislation and the Genera and Species Protected;
Information to be Published
Article 37 : Entry into Force;  Closing of Earlier Acts
Article 38 : Revision of the Convention
Article 39 : Denunciation
Article 40 : Preservation of Existing Rights
Article 41 : Original and Official Texts of the Convention
Article 42 : Depositary FunctionsIP/C/W/130
Page 28
CHAPTER I
DEFINITIONS
Article 1
Definitions
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 December 2, 1961, as amended by the Additional Act of
November 10, 1972;
(iii) "Act of 1978" means the Act of October 23, 1978, of the International Convention for
the Protection of New Varieties of Plants;
(iv) "breeder" means:
- the person who bred, or discovered and developed, a variety,
- the person who is the employer of the aforementioned person or who has 
commissioned the latter’s work, where the laws of the relevant Contracting 
Party so provide, or
- the successor in title of the first or second aforementioned person, as the case 
may be;
(v) "breeder’s right" means the right of the breeder provided for in this Convention;(vi) "variety" means a plant grouping within a single botanical taxon of the lowest known
rank, which grouping, irrespective of whether the conditions for the grant of a
breeder’s right are fully met, can be:
- defined by the expression of the characteristics resulting from a given 
genotype or combination of genotypes,
- distinguished from any other plant grouping by the expression of at least one 
of the said characteristics and
- considered as a unit with regard to its suitability for being propagated 
unchanged;
(vii) "Contracting Party" means a State or an intergovernmental organization party to this
Convention;
(viii) "territory," in relation to a Contracting Party, means, where the Contracting Party is a
State, the territory of that State and, where the Contracting Party is anIP/C/W/130
Page 29
intergovernmental organization, the territory in which the constituting treaty of that
intergovernmental organization applies;
(ix) "authority" means the authority re ferred to in Article 30(1)(ii);
(x) "Union" means the Union for the Protection of New Varieties of Plants founded by
the Act of 1961 and further mentioned in the Act of 1972, the Act of 1978 and in this
Convention;
(xi) "member of the Union" means a State party to the Act of 1961/1972 or the Act of
1978, or a Contracting Party.
CHAPTER II
GENERAL OBLIGATIONS OF THE CONTRACTING PARTIES
Article 2
Basic Obligation of the Contracting Parties
Each Contracting Party shall grant and protect breeders’ rights.
Article 3
Genera and Species to be Protected
(1) [ States already members of the Union ]  Each Contracting Party which is bound by the Act of
1961/1972 or the Act of 1978 shall apply the provisions of this Convention,
(i) at the date on which it becomes bound by this Convention, to all plant genera and
species to which it applies, on the said date, the provisions of the Act of 1961/1972 or
the Act of 1978 and,
(ii) at the latest by the expiration of a period of five years after the said 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 the Act of 1978 shall apply the provisions of this Convention,
(i) at the date on which it becomes bound by this Convention, to at least 15 plant genera
or species and,
(ii) at the latest by the expiration of a period of 10 years from the said date, to all plant
genera and species.IP/C/W/130
Page 30
Article 4
National Treatment
(1) [ Treatment ]  Without prejudice to the rights specified in this Convention, nationals of a
Contracting Party as well as natural persons resident and legal entities having their registeredoffices within the territory of a Contracting Party shall, insofar as the grant and protection of
breeders’ rights are concerned, enjoy within the territory of each other Contracting Party the
same treatment as is accorded or may hereafter be accorded by the laws of each such other
Contracting Party to its own nationals, provided that the said nationals, natural persons or
legal entities comply with the conditions and formalities imposed on the nationals of the said
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 the States which are members of that
organization.
CHAPTER III
CONDITIONS FOR THE GRANT OF THE BREEDER’S RIGHT
Article 5
Conditions of Protection
(1) [ Criteria to be satisfied ]  The breeder’s right shall be granted where the variety is
(i) new,
(ii) distinct,
(iii) uniform and(iv) stable.
(2) [ Other conditions ]  The grant of the breeder’s right shall not be subject to any further or
different conditions, provided that the variety is designated by a denomination in accordance with the
provisions of Article 20, that the applicant complies with the formalities provided for by the law of
the Contracting Party with whose authority the applic ation has been filed and that he pays the required
fees.
Article 6
Novelty
(1) [ Criteria ]  The variety shall be deemed to be new if, at the date of filing of the application for
a breeder’s right, propagating or harvested material  of the variety has not been sold or otherwise
disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the varietyIP/C/W/130
Page 31
(i) in the territory of the Contracting Party in which the application has been filed earlier
than one year before that date and
(ii) in a territory other than that of the Contracting Party in which the application has
been filed earlier than four years or, in the case of trees or of vines, earlier than sixyears before the said date.
(2) [ Varieties of recent creation ]  Where a Contracting Party applies this Convention to a plant
genus or species to which it did not previously apply this Convention or an earlier Act, it may
consider a variety of recent creation existing at the date of such extension of protection to satisfy the
condition of novelty defined in paragraph (1) even where the sale or disposal to others described in
that paragraph took place earlier than the time limits defined in that paragraph.
(3) [ "Territory" in certain cases ]  For the purposes of paragraph (1), all the Contracting Parties
which are member States of one and the same intergovernmental organization may act jointly, where
the regulations of that organization so require, to assimilate acts done on the territories of the States
members of that organization to acts done on their own territories and, should they do so, shall notifythe Secretary-General accordingly.
Article 7
Distinctness
The variety shall be deemed to be distinct if  it is clearly distinguishable from any other
variety whose existence is a matter of common knowledge at the time of the filing of the application.
In particular, the filing of an application for the granting of a breeder’s right or for the entering ofanother variety in an official register of varieties, in any country, shall be deemed to render that other
variety a matter of common knowledge from the date of the application, provided that the application
leads to the granting of a breeder’s right or to the entering of the said other variety in the official
register of varieties, as the case may be.
Article 8
Uniformity
The variety shall be deemed to be uniform if, subject to the variation that may be expected
from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.
Article 9
Stability
The variety shall be deemed to be stable if it s relevant characteristics remain unchanged after
repeated propagation or, in the case of a particular cy cle of propagation, at the end of each such cycle.IP/C/W/130
Page 32
CHAPTER IV
APPLICATION FOR THE GRANT OF THE BREEDER’S RIGHT
Article 10
Filing of Applications
(1) [ Place of first application ]  The breeder may choose the Contracting Party with whose
authority he wishes to file his first application for a breeder’s right.
(2) [ Time of subsequent applications ]  The breeder may apply to the authorities of other
Contracting Parties for the grant of breeders’ rights without waiting for the grant to him of a
breeder’s right by the authority of the Contracting Party with which the first application was
filed.
(3) [ Independence of protection ]  No Contracting Party shall refuse to grant a breeder’s right or
limit its duration on the ground that protection for the same variety has not been applied for,
has been refused or has expired in any other State or intergovernmental organization.
Article 11
Right of Priority
(1) [ The right;  its period ]  Any breeder who has duly filed an application for the protection of a
variety in one of the Contracting Parties (the “first application”) shall, for the purpose of
filing an application for the grant of a breeder’s right for the same variety with the authority
of any other Contracting Party (the “subsequent application”), enjoy a right of priority for a
period of 12 months.  This period shall be computed from the date of filing of the first
application.  The day of filing shall not be included in the latter period.
(2) [ Claiming the right ]  In order to benefit from the right of priority, the breeder shall, in the
subsequent application, claim the priority of the first application.  The authority with which
the subsequent application has been filed may require the breeder to furnish, within a period
of not less than three months from the filing date of the subsequent application, a copy of the
documents which constitute the first application, certified to be a true copy by the authority
with which that application was filed, and samples or other evidence that the variety which isthe subject matter of both applications is the same.
(3) [ Documents and material ]  The breeder shall be allowed a period of two years after the
expiration of the period of priority or, where the first application is rejected or withdrawn, an
appropriate time after such rejection or withdrawal, in which to furnish, to the authority of theContracting Party with which he has filed the subsequent application, any necessary
information, document or material required for the purpose of the examination under
Article 12, as required by the laws of that Contracting Party.
(4) [ Events occurring during the period ]  Events occurring within the period provided for in
paragraph (1), such as the filing of another application or the publication or use of the variety
that is the subject of the first application, shall not constitute a ground for rejecting the
subsequent application.  Such events shall also not give rise to any third-party right.IP/C/W/130
Page 33
Article 12
Examination of the Application
Any decision to grant a breeder’s right shall re quire an examination for compliance with the
conditions under Articles 5 to 9.  In the course of  the examination, the authority may grow the variety
or carry out other necessary tests, cause the growing of the variety or the carrying out of other
necessary tests, or take into account the results of growing tests or other trials which have already
been carried out.  For the purposes of examination, the authority may require the breeder to furnish all
the necessary information, documents or material.
Article 13
Provisional Protection
Each Contracting Party shall provide measures designed to safeguard the interests of the
breeder during the period between the filing or the publication of the application for the grant of a
breeder’s right and the grant of that right.  Such measures shall have the effect that the holder of a
breeder’s right shall at least be entitled to equitable remuneration from any person who, during the
said period, has carried out acts which, once the right is granted, require the breeder’s authorization asprovided in Article 14.  A Contracting Party may provide that the said measures shall only take effect
in relation to persons whom the breeder has notified of the filing of the application.
CHAPTER V
THE RIGHTS OF THE BREEDER
Article 14
Scope of the Breeder’s Right
(1) [ Acts in respect of the propagating material ]  (a)  Subject to Articles 15 and 16, the following
acts in respect of the propagating material of the protected variety shall require the
authorization of the breeder:
(i) production or reproduction (multiplication),(ii) conditioning for the purpose of propagation,
(iii) offering for sale,
(iv) selling or other marketing,(v) exporting,(vi) importing,IP/C/W/130
Page 34
(vii) stocking 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 in respect of the harvested material ]  Subject to Articles 15 and 16, the acts referred to
in items (i) to (vii) of paragraph (1) (a) in respect of harvested material, including entire plants
and parts of plants, obtained through the unauthorized use of propagating material of the
protected variety shall require the authorization of the breeder, unless the breeder has had
reasonable opportunity to exercise his right in relation to the said propagating material.
(3) [ Acts in respect of certain products ]  Each Contracting Party may provide that, subject to
Articles 15 and 16, the acts referred to in items (i) to (vii) of paragraph (1) (a) in respect of
products made directly from harvested material of the protected variety falling within theprovisions of paragraph (2) through the unauthorized use of the said harvested material shall
require the authorization of the breeder, unless the breeder has had reasonable opportunity to
exercise his right in relation to the said harvested material.
(4) [ Possible additional acts ]  Each Contracting Party may provide that, subject to Articles 15
and 16, acts other than those referred to in items (i) to (vii) of paragraph (1) (a) shall also
require the authorization of the breeder.
(5) [ Essentially derived and certain other varieties ]  (a)  The provisions of paragraphs (1) to (4)
shall also apply in relation to
(i) varieties which are essentially derived from the protected variety, where the 
protected variety is not itself an essentially derived variety,
(ii) varieties which are not clearly distinguishable in accordance with Article 7 
from the protected variety and
(iii) varieties whose production requires the repeated use of the protected variety.
(b) For the purposes of subparagraph (a)(i), a variety shall be deemed to be essentially
derived from another variety (“the initial variety”) when
(i) it is predominantly derived from the initial variety, or from a variety that is 
itself predominantly derived from the initial variety, while retaining the 
expression of the essential characteristics that result from the genotype or 
combination of genotypes of the initial variety,
(ii) it is clearly distinguishable from the initial variety and
(iii) except for the differences which result from the act of derivation, it conforms 
to the initial variety in the expression of the essential characteristics that 
result from the genotype or combination of genotypes of the initial variety.
(c) Essentially derived varieties may be obtained for example by the selection of a
natural or induced mutant, or of a somaclonal variant, the selection of a variant
individual from plants of the initial variety, backcrossing, or transformation by
genetic engineering.IP/C/W/130
Page 35
Article 15
Exceptions to the Breeder’s Right
(1) [ Compulsory exceptions ]  The breeder’s right shall not extend to
(i) acts done privately and fo r non-commercial purposes,
(ii) acts done for experimental purposes and(iii) acts done for the purpose of breeding other varieties, and, except where the 
provisions of Article 14(5) apply, acts referred to in Article 14(1) to (4) in 
respect of such other varieties.
(2) [ Optional exception ]  Notwithstanding Article 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 in relation to any variety in order to permit farmers to use for
propagating purposes, on their own holdings, the product of the harvest which they have
obtained by planting, on their own holdings, the protected variety or a variety covered by
Article 14(5) (a)(i) or (ii).
Article 16
Exhaustion of the Breeder’s Right
(1) [ Exhaustion of right ]  The breeder’s right shall not extend to acts concerning any material of
the protected variety, or of a variety covered by the provisions of Article 14(5), which has
been sold or otherwise marketed by the breede r or with his consent in the territory of the
Contracting Party concerned, or any material derived from the said material, unless such acts
(i) involve further propagation of the variety in question or
(ii) involve an export of material of the variety, which enables the propagation of 
the variety, into a country which does not protect varieties of the plant genus 
or species to which the variety belongs, except where the exported material is
for final consumption purposes.
(2) [ Meaning of “material” ]  For the purposes of paragraph (1), “material” means, in relation to a
variety,
(i) propagating material of any kind,
(ii) harvested material, including entire plants and parts of plants, and
(iii) any product made directly from the harvested material.
(3) [ "Territory" in certain cases ]  For the purposes of paragraph (1), all the Contracting Parties
which are member States of one and the same intergovernmental organization may act jointly,
where the regulations of that organization so require, to assimilate acts done on the territoriesIP/C/W/130
Page 36
of the States members of that organization to acts done on their own territories and, should
they do so, shall notify the Secretary-General accordingly.
Article 17
Restrictions on the Exercise of the Breeder’s Right
(1) [ Public interest ]  Except where expressly provided in this Convention, no Contracting Party
may restrict the free exercise of a breeder’s right for reasons other than of public interest.
(2) [ Equitable remuneration ]  When any such restriction has the effect of authorizing a third
party to perform any act for which the breeder’s authorization is required, the ContractingParty concerned shall take all measures necessary to ensure that the breeder receives equitable
remuneration.
Article 18
Measures Regulating Commerce
The breeder’s right shall be independent of any measure taken by a Contracting Party to
regulate within its territory the production, certification and marketing of material of varieties or theimporting or exporting of such material.  In any case, such measures shall not affect the application of
the provisions of this Convention.
Article 19
Duration of the Breeder’s Right
(1) [ Period of protection ]  The breeder’s right shall be granted for a fixed period.
(2) [ Minimum period ]  The said period shall not be shorter than 20 years from the date of the
grant of the breeder’s right.  For trees and vines, the said period shall not be shorter than
25 years from the said date.
CHAPTER VI
VARIETY DENOMINATION
Article 20
Variety Denomination
(1) [ Designation of varieties by denominations;  use of the denomination ]  (a)  The variety shall
be designated by a denomination which will be its generic designation.
(b) Each Contracting Party shall ensure that, subject to paragraph (4), no rights in the
designation registered as the denomination of the variety shall hamper the free use ofIP/C/W/130
Page 37
the denomination in connection with the variety, even after the expiration of the
breeder’s right.
(2) [ Characteristics of the denomination ]  The denomination must enable the variety to be
identified.  It may not consist solely of figures except where this is an established practice for
designating varieties.  It must not be liable to mislead or to cause confusion concerning the
characteristics, value or identity of the variety or the identity of the breeder.  In particular, it
must be different from every denomination which designates, in the territory of any
Contracting Party, an existing variety of the same plant species or of a closely related species.
(3) [ Registration of the denomination ]  The denomination of the variety shall be submitted by the
breeder to the authority.  If it is found that the denomination does not satisfy the requirements
of paragraph (2), the authority shall refuse to register it and shall require the breeder topropose another denomination within a prescribed period.  The denomination shall be
registered by the authority at the same time as the breeder’s right is granted.
(4) [ Prior rights of third persons ]  Prior rights of third persons shall not be affected.  If, by reason
of a prior right, the use of the denomination of a variety is forbidden to a person who, inaccordance with the provisions of paragraph (7), is obliged to use it, the authority shall
require the breeder to submit another denomination for the variety.
(5) [ Same denomination in all Contracting Parties ]  A variety must be submitted to all
Contracting Parties under the same denomination.  The authority of each Contracting Partyshall register the denomination so submitted, unless it considers the denomination unsuitable
within its territory.  In the latter case, it shall require the breeder to submit another
denomination.
(6) [ Information among the authorit ies of Contracting Parties ]  The authority of a Contracting
Party shall ensure that the authorities of all the other Contracting Parties are informed of
matters concerning variety denominations, in particular the submission, registration and
cancellation of denominations.  Any authority may address its observations, if any, on the
registration of a denomination to the authority which communicated that denomination.
(7) [ Obligation to use the denomination ]  Any person who, within the territory of one of the
Contracting Parties, offers for sale or markets propagating material of a variety protected
within the said territory shall be obliged to use the denomination of that variety, even after the
expiration of the breeder’s right in that variety, except where, in accordance with the
provisions of paragraph (4), prior rights prevent such use.
(8) [ Indications used in association with denominations ]  When a variety is offered for sale or
marketed, it shall be permitted to associate a trademark, trade name or other similar indication
with a registered variety denomination.  If such an indication is so associated, the
denomination must nevertheless be easily recognizable.IP/C/W/130
Page 38
CHAPTER VII
NULLITY AND CANCELLATION OF THE BREEDER’S RIGHT
Article 21
Nullity of the Breeder’s Right
(1) [ Reasons of nullity ]  Each Contracting Party shall declare a breeder’s right granted by it null
and void when it is established
(i) that the conditions laid down in Articles 6 or 7 were not complied with at the 
time of the grant of the breeder’s right,
(ii) that, where the grant of the breeder’s right has been essentially based upon 
information and documents furnished by the breeder, the conditions laid down in Articles 8 or 9 were not complied with at the time of the grant of the 
breeder’s right, or
(iii) that the breeder’s right has been granted to a person who is not entitled to it, 
unless it is transferred to the person who is so entitled.
(2) [ Exclusion of other reasons ]  No breeder’s right shall be declared null and void for reasons
other than those referred to in paragraph (1).
Article 22
Cancellation of the Breeder’s Right
(1) [ Reasons for cancellation ]  (a)  Each Contracting Party may cancel a breeder’s right granted
by it if it is established that the conditions laid down in Articles 8 or 9 are no longer fulfilled.
(b) Furthermore, each Contracting Party may cancel a breeder’s right granted by it if,
after being requested to do so and within a prescribed period,
(i) the breeder does not provide the authority with the information, documents or
material deemed necessary for verifying the maintenance of the variety,
(ii) the breeder fails to pay such fees as may be payable to keep his right in force,
or
(iii) the breeder does not propose, where the denomination of the variety is 
cancelled after the grant of the right, another suitable denomination.
(2) [ Exclusion of other reasons ]  No breeder’s right shall be cancelled for reasons other than
those referred to in paragraph (1).IP/C/W/130
Page 39
CHAPTER VIII
THE UNION
Article 23
Members
The Contracting Parties shall be members of the Union.
Article 24
Legal Status and Seat
(1) [ Legal personality ]  The Union has legal personality.
(2) [ Legal capacity ]  The Union enjoys on the territory of each Contracting Party, in conformity
with the laws applicable in the said territory, such legal capacity as may be necessary for the
fulfillment of the objectives of the Union and for the exercise of its functions.
(3) [ Seat]  The seat of 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
The permanent organs of the Union are the Council and the Office of the Union.
Article 26
The Council
(1) [ Composition ]  The Council shall consist of the representatives of the members of the Union.
Each member of the Union shall appoint one representative to the Council and one alternate.
Representatives or alternates may be accompanied by assistants or advisers.
(2) [ Officers ]  The Council shall elect a President and a first Vice-President from among its
members.  It may elect other Vice-Presidents.  The first Vice-President shall take the place of
the President if the latter is unable to officiate.  The President shall hold office for three years.
(3) [ Sessions ]  The Council shall meet upon convocation by its President.  An ordinary session of
the Council shall be held annually.  In addition, the President may convene the Council at hisdiscretion;  he shall convene it, within a period of three months, if one-third of the members
of the Union so request.IP/C/W/130
Page 40
(4) [ Observers ]  States not members of the Union may be invited as observers to meetings of the
Council.  Other observers, as well as experts, may also be invited to such meetings.
(5) [ Tasks ]  The tasks of the Council shall be to:
(i) study appropriate measures to safeguard the interests and to encourage the 
development of the Union;
(ii) establish its rules of procedure;(iii) appoint the Secretary-General and, if it finds it necessary, a Vice Secretary-
General and determine the terms of appointment of each;
(iv) examine an annual report on the activities of the Union and lay down the 
programme for its future work;
(v) give to the Secretary-General all necessary directions for the accomplishment
of the tasks of the Union;
(vi) establish the administrative and financial regulations of the Union;(vii) examine and approve the budget of the Union and fix the contribution of each
member of the Union;
(viii) examine and approve the accounts presented by the Secretary-General;(ix) fix the date and place of the conferences referred to in Article 38 and take the 
measures necessary for their preparation;  and
(x) in general, take all necessary decisions to ensure the efficient functioning of 
the Union.
(6) [ Votes ]  (a)  Each member of the Union that is a State shall have one vote in the Council.
(b) Any Contracting Party that is an intergovernmental organization may, in matters
within its competence, exercise the rights to vote of its member States that are
members of the Union.  Such an intergovernmental organization shall not exercise the
rights to vote of its member States if its member States exercise their right to vote,
and vice versa.
(7) [ Majorities ]  Any decision of the Council shall require a simple majority of the votes cast,
provided that any decision of the Council under paragraphs (5)(ii), (vi) and (vii), and under
Articles 28(3), 29(5) (b) and 38(1) shall require three-fourths of the votes cast.  Abstentions
shall not be considered as votes.
Article 27
The Office of the Union
(1) [ Tasks and direction of the Office ]  The Office of the Union shall carry out all the duties and
tasks entrusted to it by the Council.  It shall be under the direction of the Secretary-General.IP/C/W/130
Page 41
(2) [ Duties of the Secretary-General ]  The Secretary-General shall be responsible to the Council;
he shall be responsible for carrying out the decisions of the Council.  He shall submit the
budget of the Union for the approval of the Council and shall be responsible for its
implementation.  He shall make reports to the Council on his administration and the activities
and financial position of the Union.
(3) [ Staff]  Subject to the provisions of Article 26(5)(iii), the conditions of appointment and
employment of the staff necessary for the efficient performance of the tasks of the Office of
the Union shall be fixed in the administrative and financial regulations.
Article 28
Languages
(1) [ Languages of the Office ]  The English, French, German and Spanish languages shall be used
by the Office of the Union in carrying out its duties.
(2) [ Languages in certain meetings ]  Meetings of the Council and of revision conferences shall
be held in the four languages.
(3) [ Further languages ]  The Council may decide that further languages shall be used.
Article 29
Finances
(1) [ Income ]  The expenses of the Union shall be met from
(i) the annual contributions of the States members of the Union,(ii) payments received for services rendered,(iii) miscellaneous receipts.
(2) [ Contributions:  units ]  (a)  The share of each State member of the Union in the total amount
of the annual contributions shall be determined by reference to the total expenditure to be met
from the contributions of the States members of the Union and to the number of contribution
units applicable to it under paragraph (3).  The said share shall be computed according toparagraph (4).
(b) The number of contribution units shall be expressed in whole numbers or fractions
thereof, provided that no fraction shall be smaller than one-fifth.
(3) [ Contributions:  share of each member ]  (a)  The number of contribution units applicable to
any member of the Union which is party to the Act of 1961/1972 or the Act of 1978 on the
date on which it becomes bound by this Convention shall be the same as the number
applicable to it immediately before the said date.
(b) Any other State member of the Union shall, on joining the Union, indicate, in a
declaration addressed to the Secretary-General, the number of contribution units applicable to
it.IP/C/W/130
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(c) Any State member of the Union may, at any time, indicate, in a declaration addressed
to the Secretary-General, a number of contribution units different from the number applicable
to it under subparagraph (a) or (b).  Such declaration, if made during the first six months of a
calendar year, shall take effect from the beginning of the subsequent calendar year;
otherwise, it shall take effect from the beginning of the second calendar year which followsthe year in which the declaration was made.
(4) [ Contributions:  computation of shares ]  (a)  For each budgetary period, the amount
corresponding to one contribution unit shall be obtained by dividing the total amount of the
expenditure to be met in that period from the contributions of the States members of the
Union by the total number of units applicable to those States members of the Union.
(b) The amount of the contribution of each State member of the Union shall be obtained
by multiplying the amount corresponding to one contribution unit by the number of
contribution units applicable to that State member of the Union.
(5) [ Arrears in contributions ]  (a)  A State member of the Uni on which is in arrears in the
payment of its contributions may not, subject to subparagraph (b), exercise its right to vote in
the Council if the amount of its arrears equals or exceeds the amount of the contribution due
from it for the preceding full year.  The suspensi on of the right to vote shall not relieve such
State member of the Union of its obligations under this Convention and shall not deprive it of
any other rights thereunder.
(b) The Council may allow the said State member of the Union to continue to exercise its
right to vote if, and as long as, the Council is satisfied that the delay in payment is due to
exceptional and unavoidable circumstances.
(6) [ Auditing of the accounts ]  The auditing of the accounts of the Union shall be effected by a
State member of the Union as provided in the administrative and financial regulations.  Such
State member of the Union shall be designated, with its agreement, by the Council.
(7) [ Contributions of intergovernmental organizations ]  Any Contracting Party which is an
intergovernmental organization shall not be obliged to pay contributions.  If, nevertheless, it
chooses to pay contributions, the provisions of paragraphs (1) to (4) shall be applied
accordingly.
CHAPTER IX
IMPLEMENTATION OF THE CONVENTION;  OTHER AGREEMENTS
Article 30
Implementation of the Convention
(1) [ Measures of implementation ]  Each Contracting Party shall adopt all measures necessary for
the implementation of this Convention;  in particular, it shall:
(i) provide for appropriate legal remedies for the effective enforcement of 
breeders’ rights;IP/C/W/130
Page 43
(ii) maintain an authority entrusted with the task of granting breeders’ rights or 
entrust the said task to an authority maintained by another Contracting Party;
(iii) ensure that the public is informed through the regular publication  of 
information concerning
- applications for and grants of breeders’ rights, and
- proposed and approved denominations.
(2) [ Conformity of laws ]  It shall be understood that, on depositing its instrument of ratification,
acceptance, approval or accession, as the case may be, each State or intergovernmental
organization must be in a position, under its laws , to give effect to the provisions of this
Convention.
Article 31
Relations Between Contracting Parties and States Bound by Earlier Acts
(1) [ Relations between States bound by this Convention ]  Between States members of the Union
which are bound both by this Convention and any earlier Act of the Convention, only this
Convention shall apply.
(2) [ Possible relations with States not bound by this Convention ]  Any State member of the
Union not bound by this Convention may declare, in a notification addressed to the Secretary-
General, that, in its relations with each member of the Union bound only by this Convention,
it will apply the latest Act by which it is bound.  As from the expiration of one month after thedate of such notification and until the State member of the Union making the declaration
becomes bound by this Convention, the said memb er of the Union shall apply the latest Act
by which it is bound in its relations with each of the members of the Union bound only by this
Convention, whereas the latter shall apply th is Convention in respect of the former.
Article 32
Special Agreements
Members of the Union reserve the right to conc lude among themselves special agreements for
the protection of varieties, insofar as such agreements do not contravene the provisions of thisConvention.
CHAPTER X
FINAL PROVISIONS
Article 33
Signature
This Convention shall be open for signature by any State which is a member of the Union at
the date of its adoption.  It shall remain open for signature until March 31, 1992.IP/C/W/130
Page 44
Article 34
Ratification, Acceptance or Approval;  Accession
(1) [ States and certain intergovernmental organizations ]  (a)  Any State may, as provided in this
Article, become party to this Convention.
(b) Any intergovernmental organization may, as provided in this Article, become party to
this Convention if it
(i) has competence in respect of matters governed by this Convention,(ii) has its own legislation providing for the grant and protection of breeders’ 
rights binding on all its member States and
(iii) has been duly authorized, in accordance with its internal procedures, to 
accede to this Convention.
(2) [ Instrument of adherence ]  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 and 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) [ Advice of the Council ]  Any State which is not a member of the Union and any
intergovernmental organization shall, before depositing its instrument of accession, ask the
Council to advise it in respect of the conformity of its laws with the provisions of this
Convention.  If the decision embodying the advice is positive, the instrument of accession
may be deposited.
Article 35
Reservations
(1) [ Principle ]  Subject to paragraph (2), no reservations to this Convention are permitted.
(2) [ Possible exception ]  (a)  Notwithstanding the provisions of Article 3(1), any State which, at
the time of becoming party to this Convention, is a party to the Act of 1978 and which, as far
as varieties reproduced asexually are concerned, provides for protection by an industrial
property title other than a breeder’s right shall have the right to continue to do so without
applying this Convention to those varieties.
(b) Any State making use of the said right shall, at the time of depositing its instrument
of ratification, acceptance, approval or accession, as the case may be, notify the
Secretary-General accordingly.  The same State may, at any time, withdraw the said
notification.IP/C/W/130
Page 45
Article 36
Communications Concerning Legislation and the Genera
and Species Protected;  Information to be Published
(1) [ Initial notification ]  When depositing its instrument of ratification, acceptance or approval of
or accession to this Convention, as the case may be, any State or intergovernmental
organization shall notify the Secretary-General of
(i) its legislation governing breeder’s rights and(ii) the list of plant genera and species to which, on the date on which it will 
become bound by this Convention, it will apply the provisions of this
Convention.
(2) [ Notification of changes ]  Each Contracting Party shall promptly notify the Secretary-General
of
(i) any changes in its legislation governing breeders’ rights and
(ii) any extension of the application of this Convention to additional plant genera 
and species.
(3) [ Publication of the information ]  The Secretary-General shall, on the basis of communications
received from each Contracting Party concerned, publish information on
(i) the legislation governing breeders’ rights and any changes in that legislation, 
and
(ii) the list of plant genera and species referred to in paragraph (1)(ii) and any 
extension referred to in paragraph (2)(ii).
Article 37
Entry into Force;  Closing of Earlier Acts
(1) [ Initial entry into force ]  This Convention shall enter into force one month after five States
have deposited their instruments of ratification, acceptance, approval or accession, as the case
may be, provided that at least three of the said instruments have been deposited by Statesparty to the Act of 1961/1972 or the Act of 1978.
(2) [ Subsequent entry into force ]  Any State not covered by paragraph (1) or any
intergovernmental organization shall become bound by this Convention one month after the
date on which it has deposited its instrument of ratification, acceptance, approval oraccession, as the case may be.
(3) [ Closing of the 1978 Act ]  No instrument of accession to the Act of 1978 may be deposited
after the entry into force of this Convention a ccording to paragraph (1), except that any State
that, in conformity with the established practice of the General Assembly of theUnited Nations, is regarded as a developing country may deposit such an instrument until
December 31, 1995, and that any other State may deposit such an instrument until
December 31, 1993, even if this Convention enters into force before that date.IP/C/W/130
Page 46
Article 38
Revision of the Convention
(1) [ Conference ]  This Convention may be revised by a conference of the members of the Union.
The convocation of such conference shall be decided by the Council.
(2) [ Quorum and majority ]  The proceedings of a conference shall be effective only if at least
half of the States members of the Union are represented at it.  A majority of three-quarters of
the States members of the Union present and voting at the conference shall be required for the
adoption of any revision.
Article 39
Denunciation
(1) [ Notifications ]  Any Contracting Party may denounce this Convention by notification
addressed to the Secretary-General.  The Secretary-General shall promptly notify all members
of the Union of the receipt of that notification.
(2) [ Earlier Acts ]  Notification of the denunciation of this Convention shall be deemed also to
constitute notification of the denunciation of any earlier Act by which the Contracting Party
denouncing this Convention is bound.
(3) [ Effective date ]  The denunciation shall take effect at the end of the calendar year following
the year in which the notification was received by the Secretary-General.
(4) [ Acquired rights ]  The denunciation shall not affect any rights acquired in a variety by reason
of this Convention or any earlier Act prior to the date on which the denunciation becomes
effective.
Article 40
Preservation of Existing Rights
This Convention shall not limit existing breeders’ rights under the laws of Contracting Parties
or by reason of any earlier Act or any agreement other than this Convention concluded between
members of the Union.
Article 41
Original and Official Texts of the Convention
(1) [ Original ]  This Convention shall be signed in a single original in the English, French and
German languages, the French text prevailing in case of any discrepancy among the varioustexts.  The original shall be deposited with the Secretary-General.IP/C/W/130
Page 47
(2) [ Official texts ]  The Secretary-General shall, after consultation with the interested
Governments, establish official texts of this Convention in the Arabic, Dutch, Italian,
Japanese and Spanish languages and such other languages as the Council may designate.
Article 42
Depositary Functions
(1) [ Transmittal of copies ]  The Secretary-General shall transmit certified copies of this
Convention to all States and intergovernmental organizations which were represented in the
Diplomatic Conference that adopted this Co nvention and, on request, to any other State or
intergovernmental organization.
(2) [ Registration ]  The Secretary-General shall register this Convention with the Secretariat of
the United Nations.
Resolution on Article 14(5)
The Diplomatic Conference for the Revision of the International Convention for the
Protection of New Varieties of Plants held from March 4 to 19, 1991, requests the Secretary-General
of UPOV to start work immediately after the Conference on the establishment of draft standardguidelines, for adoption by the Council of UPOV, on essentially derived varieties.
Recommendation Relating to Article 15(2)
The Diplomatic Conference recommends that the provisions laid down in Article 15(2) of the
International Convention for the Protection of New Varieties of Plants of December 2, 1961, as
Revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991, should not
be read so as to be intended to open the possibility of extending the practice commonly called
“farmer’s privilege” to sectors of agricultural or horticultural production in which such a privilege isnot a common practice on the territory of the Contracting Party concerned.
Common Statement Relating to Article 34
The Diplomatic Conference noted and accepted a declaration by the Delegation of Denmark
and a declaration by the Delegation of the Netherlands according to which the Convention adopted bythe Diplomatic Conference will not, upon its ratification, acceptance, approval or accession by
Denmark or the Netherlands, be automatically applicable, in the case of Denmark, in Greenland and
the Faroe Islands and, in the case of the Netherlands, in Aruba and the Netherlands Antilles.  The said
Convention will only apply in the said territories if and when Denmark or the Netherlands, as the case
may be, expressly so notifies the Secretary-General.
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