Commonwealth Numbered Acts

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SCHEDULE

SCHEDULE
Sub-section 3 (1) (definition
of "Convention")
CONVENTION
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 Union
Article  2:   Forms of Protection

Article  3:   National Treatment; Reciprocity

Article  4:   Botanical Genera and Species Which Must or May be Protected

Article  5:   Rights Protected; Scope of Protection

Article  6:   Conditions Required for Protection

Article  7:   Official Examination of Varieties; Provisional Protection

Article  8:   Period of Protection

Article  9:   Restriction in the Exercise of Rights Protected

Article 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 Priority

Article 13:   Variety Denomination

Article 14:   Protection Independent of Measures Regulating Production,

Certification and Marketing
Article 15:   Organs of the Union

Article 16:   Composition of the Council; Votes

Article 17:   Observers in Meetings of the Council

Article 18:   President and Vice-Presidents of the Council

Article 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 Council

Article 22:   Majorities Required for Decisions of the Council

Article 23:   Tasks of the Office of the Union; Responsibilities of the

Secretary-General; Appointment of Staff
Article 24:   Legal Status

Article 25:   Auditing of the Accounts

Article 26:   Finances

Article 27:   Revision of the Convention

Article 28:   Languages Used by the Office and in Meetings of the Council

Article 29:   Special Agreements for the Protection of New Varieties of Plants

Article 30:   Implementation of the Convention on the Domestic Level; Contracts

the Joint Utilisation of Examination Services
Article 31:   Signature

Article 32:   Ratification, Acceptance or Approval; Accession

Article 33:   Entry Into Force; Closing of Earlier Texts

Article 34:   Relations Between States Bound by Different Texts

Article 35:   Communications Concerning the Genera and Species Protected;

Information to be Published
Article 36:   Territories

Article 37:   Exceptional Rules for Protection Under Two Forms

Article 38:   Transitional Limitation of the Requirement of Novelty

Article 39:   Preservation of Existing Rights

Article 40:   Reservations

Article 41:   Duration and Denunciation of the Convention

Article 42:   Languages; Depositary Functions
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 uniform and 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:
Article 1
Purpose of the Convention; Constitution 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 provided 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 rights
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 paragraphs (1) and (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.
Article 4
Botanical Genera and Species Which Must or May be Protected

(1) This Convention may be applied to all botanical genera 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 of botanical 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 entry into 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 or species shall nevertheless, for the
        purposes of subparagraphs (a) and (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 conditions prevailing 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 sale
- 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 than propagation when they are used
commercially as propagating 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 thats et 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 protection 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 common
knowledge 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 of the breeder, in the territory
               of that State, and

        (ii)   must 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 breeder shall have complied 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 Varieties; 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.
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 (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 the variety 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.

(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 adequate
period in the case where the application whose priority is claimed is rejected
or withdrawn.

(4) Such matters as the filing of another application or 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 State 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 submitted 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 of 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 of paragraph (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 addressits
observations, if any, on the registration of a denomination to the authority
which 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 so far 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 indication with a
registered variety denomination. If such 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;

   (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 representative 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.
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 the 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 accordance 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 Articles 4 (4), 20, 21 (e), 26 (5) (b), 27 (1), 28 (3) or 32 (3) shall
require three-fourths of the votes of the members present and voting.
Abstentions shall not be considered as votes.
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
implementation. 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.

(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 (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) (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 arrears 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 such State 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 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.
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 Agreement 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 Convention 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.

(2) Contracts may be concluded between the competent authorities of the member
States of the Union, with a view to the joint utilisation of the 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 or 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 the
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 (b) have been 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
member 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 Act which 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 force 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 (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
        specification of the genera and species to which such rights apply;

   (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 to 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
notification 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 Protection 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, at the 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 of protection of the patent legislation
to the varieties protected thereunder, notwithstanding the provisions of
Article 6 (1) (a) and (b) and 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.
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 such varieties 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.

(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 the instruments of ratification, acceptance, approval
and accession, any notification received under Articles 34 (2), 36 (1) and
(2), 37 (1) and (3) or 41 (2) and any declaration made under Article 36 (1).