Terms of Use

General acknowledgment before you register

The data transmitted using the EAF does not constitute the official application for a breeder’s right. The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing of applications and grants of breeders’ rights in accordance with the legislation of the member of the Union concerned.

Reference in these terms of use to the term “PBR authority” should be understood as covering also the term “PVP Office”.

Specific acknowledgment for PVP Offices

The PBR authority agrees to these terms of use and agrees to follow the user guide for the PVP Offices for application data transmitted using the EAF.

Specific acknowledgment for the EAF users

The user of the EAF agrees to these terms of use and agrees to follow the user guide for breeders for application data transmitted using the EAF. The user of the EAF retains full responsibility in relation to the completeness and accuracy of the data transmitted using the EAF, including the requirements to obtain a filing date. For matters concerning those requirements, users of the EAF should contact the relevant PBR authority, contact details for which are provided at http://www.upov.int/members/en/pvp_offices.html

By registering for, and subsequently accessing or using the EAF, you acknowledge that you have read, accepted and agreed to these Terms of Use and agree to follow the User Guides, as updated from time to time and published in the EAF webpage.

In accessing and using the EAF, you agree:

  • to use the EAF strictly in accordance with these Terms of Use and User Guides, as updated from time to time and published in the EAF webpage;
  • to provide true and correct information in connection with the EAF, including application data made via the EAF;
  • not to falsely represent your company/organization/in your use of the EAF; and
  • to respect third parties rights.

Using the EAF

The date and time of receipt of data submitted electronically using the EAF is the local date and time in the selected PBR authority at the time when the data was submitted via the EAF. When the data is completed and submitted electronically, the data is transferred directly to the selected PBR authority. The date and time of submission will appear in the confirmation email sent to you. This information will also appear in the dashboard in the EAF. If a confirmation email is not received you should contact the EAF team at eas@upov.int. The same International Reference Number will be assigned to application data submitted for the same variety.

Operation of the EAF

The EAF has been implemented in a technical environment which is designed to provide high availability and to be reasonably fault tolerant.

You acknowledge and agree that your use of the EAF on an “as is, as available” basis. UPOV makes no representation and gives no warranty that the service provided via the EAF will meet your requirements, be uninterrupted, timely or error-free. You should promptly notify the EAF team at eas@upov.int if you discover or suspect any error or malfunction in the EAF. The EAF team will attempt to inform you as soon as possible of any outage that might materially affect your normal use of the EAF. However, UPOV will not be liable for delay to transactions or disruptions to your operations, or those of your PVP Office/organization/company arising directly or indirectly from any such outage. It is in your best interest to ensure that you have adequate contingency plans to protect the integrity of your business operations and those of your organization/company and to ensure you and your organization/company can proceed despite any disruption or delay occurring in respect of the EAF.

UPOV may alter, suspend or decommission the EAF at any time without giving reasons. Where possible, the EAF team will attempt to give a reasonable prior notice of any such action. You should promptly notify the EAF team at eas@upov.int if you discover or suspect any error or malfunction in the EAF. In such an event, you agree to promptly provide to the EAF team information and details regarding any error or malfunction of the EAF to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including where relevant any details of your operating environment or that of your PVP Office/ organization/company).

Access and Password

When you register in the EAF, through WIPO Account, you need to provide a username and password that can later be used to log on to the EAF secure facilities. This username and password is linked to your WIPO account and consequently allows you to access the EAF.

Encryption together with your username and passwords ensures the confidentiality, integrity and authenticity of your application data. It is your responsibility to protect your password from disclosure to unauthorized individuals. Registered PVP Offices/organizations/companies should only allow authorized individuals access to the username and password. Do not distribute or publish, in any form, this information to unauthorized individuals.

You agree to:

  • be responsible for all activities that occur under your username and password;
  • maintain the confidentiality of your password;
  • change your password on a regular basis;
  • not save your password on the computer that you are using to access the EAF;
  • change your password if it becomes known to unauthorized persons;
  • inform the EAF team at eas@upov.int if you leave your registered PVP Office/organization/company;
  • contact the EAF team at eas@upov.int if your username or password have been lost, stolen or otherwise compromised; and
  • log out at the end of each session. Your session will expire automatically after two hours or after one hour idle time.

Security

The Information Security controls within EAF will be based upon the ISO/IEC 27001/2 controls frameworks as relevant. These controls may be supplemented from other control frameworks as applicable. The Information Risk Management framework, which is defined within the ISMS Manual, is derived from the ISO/IEC 27005 Standard for Information Risk Management, and is aligned with the Organizational Enterprise Risk Management framework.

It is a condition of you using the EAF that you must not:

  • tamper with other accounts, or commit unauthorized intrusion into any part of the EAF;
  • attempt to bypass any security controls;
  • use the EAF in a manner that encumbers disk space, processors or other system resources;
  • make deliberate attempts to interfere with the functionality of the EAF, overload the EAF or attempt to disable a host;
  • attempt to use the EAF without authorization; and
  • transmit any file with malicious content.

Monitoring

The effective management and security of the EAF requires that usage is routinely monitored and analyzed for evidence of misuse and attempted or actual security breaches. You consent to this monitoring being undertaken by the EAF team in connection with your use of the EAF.

Payment of fees

The payment of the EAF fee for all users of the EAF should be done online following the instructions provided in the payment gateway.

The following link contains the list of PBR authorities that have requested that the application fee be paid using the EAF. In such a case the payment of the EAF fee and the application fee should be all done online following the instructions provided in the payment gateway.

For the other PBR authorities, the application fee is to be paid directly to the PBR authorities.

The applicable payments are made through the payment gateway by credit card or bank transfer.

Unless otherwise indicated, the payment of the EAF fee is in Swiss francs (CHF).

For those PBR authorities that have requested that the application fee be paid using the EAF please consult the following link for the applicable currency.

The transfer of money concerning the application fee to the PBR authority will be effected as soon as possible but may take a few days after receiving the money from the user.

The application data is transferred to the selected PBR authority without waiting for the transfer of money concerning the EAF fee and/or application fee, if applicable. As provided in the acknowledgement above, the user of the EAF is responsible for fulfilling the requirements concerning the filing of applications and grants of breeders’ rights in accordance with the legislation of the member of the Union concerned.

Support

The EAF team will ordinarily provide business and technical support for the EAF from 9 am to 5 pm, Geneva time, Monday to Friday (excluding UPOV official holidays and shut-down periods as specified on the UPOV EAF website).

Termination of Use

You may inactivate your registration with the EAF at any time through the user role management interface.

UPOV may immediately terminate your registration, access to and use of the EAF by notice to you, if it determines that you have breached any of these Terms of Use.

UPOV may also suspend, and/or terminate your registration, use of or access to the EAF for its own reasons and without any fault on your part provided that in such circumstances the EAF team will attempt to give you a reasonable time prior written notice of such suspension, termination where it considers that this is appropriate in its absolute discretion.

UPOV will not transfer any application data from you via the EAF after the date of termination.

Settlement of Disputes and Applicable Law

Users of the EAF shall make their best efforts to amicably settle any dispute arising out of the use of the EAF. If not settled amicably within sixty days after receipt by one Party of the other Party's written request for such amicable settlement, the dispute may be referred by either Party to arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules then in force. The appointing authority shall be the Secretary General of the Permanent Court of Arbitration. The place of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English or French. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall have no authority to award punitive damages and no authority to award interest in excess of the London Inter-Bank Offered Rate (LIBOR) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.

Privileges and Immunities

Nothing in or relating to the use of the EAF shall be deemed a waiver, express or implied, of any of the privileges and immunities of UPOV.

Updated on: January 9, 2017

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