RATIFICATION BY THE UNITED STATES OF AMERICA OF 1991 ACT OF INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTSThe Government of the United States of America deposited its instrument of ratification of the 1991 Act of the International Convention for the Protection of New Varieties of Plants on January 22, 1999. UPOV is an intergovernmental organization which cooperates in administrative matters with the World Intellectual Property Organization (WIPO) and has its headquarters in the WIPO building in Geneva, Switzerland. The purpose of the International Convention for the Protection of New Varieties of Plants is to recognize and to ensure an intellectual property right to the breeder of a new plant variety. The member States of UPOV grant such a right in accordance with the provisions of the Convention, under their national legislation. The United States of America, which is already a member State of UPOV, is the eleventh State to ratify the 1991 Act of the UPOV Convention. The 1991 Act will enter into force for the United States of America one month after the deposit of its instrument of ratification, i.e., on February 22, 1999. The 1991 Act of the Convention makes the protection of all species of plants mandatory for member States after the expiration of a transitional period and strengthens the protection afforded to plant breeders. It does, however, leave protected varieties available, as at present, for use as a source of variation for the development of other varieties. The strengthened protection for plant breeders will increase the incentive provided by the Convention for plant breeding and will lessen the threat to breeders from piracy of protected plant varieties and plagiaristic breeding activities. |
