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 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 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.

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 standard guidelines, 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 is not 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 by the 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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