UPOV Convention

 

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 subparagraph (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 Agreements 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 of 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 this 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 paragraph (1)(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 Article 4(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 a 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 in 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.
 
Prev page Next page
1 2 3 4

Top of page