Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SCHEDULE 1

SCHEDULE
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
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: Members
Article 24: Legal Status and Seat
Article 25: Organs
Article 26: The Council
Article 27: The Office of the Union
Article 28: Languages
Article 29: Finances
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 Functions

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 an intergovernmental
               organization, the territory in which the constituting treaty of
               that intergovernmental organization applies;

        (ix)   "authority" means the authority referred 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.
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 registered offices 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 application 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 variety

        (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 six years
               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 notify the 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 of another 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 its relevant
characteristics remain unchanged after repeated propagation or, in the case of
a particular cycle of propagation, at the end of each such cycle.

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 is the 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 the Contracting 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.
Article 12
Examination of the Application Any decision to grant a breeder's right shall
require 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 as provided 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)   for the purpose of propagation,

        (iii)  offering for sale,

        (iv)   selling or other marketing,

        (v)    exporting,

        (vi)   importing,

        (vii)  stocking for any of the purposes mentioned in (i) to (iv)
               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 the provisions 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.
Article 15
Exceptions to the Breeder's Right

(1) (Compulsory exceptions) The breeder's right shall not extend to

        (i)    acts done privately and for 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 breeder 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 territories 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 Contracting Party 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 the
importing 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 of 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 to propose 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, in accordance 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 Party shall 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 authorities 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.

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).

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 his discretion; he shall convene it,
within a period of three months, if one-third of the members of the Union so
request.

(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 program 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.

(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 to paragraph
(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.

   (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 follows the 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 Union 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 suspension 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;

        (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 the
date of such notification and until the State member of the Union making the
declaration becomes bound by this Convention, the said member 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 this Convention in respect of the former.
Article 32
Special Agreements Members of the Union reserve the right to conclude among
themselves special agreements for the protection of varieties, insofar as such
agreements do not contravene the provisions of this Convention.

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.
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.
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 breeders' 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 States party 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 or accession, 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 according to
paragraph (1), except that any State that, in conformity with the established
practice of the General Assembly of the United 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.
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 various texts. The original shall be deposited with
the Secretary-General.

(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
Convention 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.