CHAPTER VI

VARIETY DENOMINATION

 

Article 20

Variety Denomination

(1)

[Designation of varieties by denominations; use of the denomination]

 

(a)

The variety shall be designated by a denomination which will be its generic designation.

 

(b)

Each Contracting Party 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 breeder's right.

(2)

[Characteristics of the denomination] 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 the territory of any Contracting Party, an existing variety of the same plant species or of a closely related species.

(3)

[Registration of the denomination] The denomination of the variety shall be submitted by the breeder to the authority. If it is found that the denomination does not satisfy the requirements of paragraph (2), the authority shall refuse to register it and shall require the breeder to propose another denomination within a prescribed period. The denomination shall be registered by the authority at the same time as the breeder's right is granted.

(4)

[Prior rights of third persons] Prior rights of third persons 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 shall require the breeder to submit another denomination for the variety.

(5)

[Same denomination in all Contracting Parties] A variety must be submitted to all Contracting Parties under the same denomination. The authority of each Contracting Party shall register the denomination so submitted, unless it considers the denomination unsuitable within its territory. In the latter case, it shall require the breeder to submit another denomination.

(6)

[Information among the authorities of Contracting Parties] The authority of a Contracting Party shall ensure that the authorities of all the other Contracting Parties are informed of matters concerning variety denominations, in particular the submission, registration and cancellation of denominations. Any authority may address its observations, if any, on the registration of a denomination to the authority which communicated that denomination.

(7)

[Obligation to use the denomination] Any person who, within the territory of one of the Contracting Parties, offers for sale or markets propagating material of a variety protected within the said territory shall be obliged to use the denomination of that variety, even after the expiration of the breeder's right in that variety, except where, in accordance with the provisions of paragraph (4), prior rights prevent such use.

(8)

[Indications used in association with denominations] When a variety is offered for sale or marketed, it shall be permitted to associate a trademark, 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.
 

CHAPTER VII

NULLITY AND CANCELLATION OF THE BREEDER'S RIGHT

 

Article 21

Nullity of the Breeder's Right

(1)

[Reasons of nullity] Each Contracting Party shall declare a breeder's right granted by it null and void when it is established

 

(i)

  that the conditions laid down in Article 6 or Article 7 were not complied with at the time of the grant of the breeder's right,

 

(ii)

  that, where the grant of the breeder's right has been essentially based upon information and documents furnished by the breeder, the conditions laid down in Article 8 or Article 9 were not complied with at the time of the grant of the breeder's right, or

 

(iii)

  that the breeder's right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled.

(2)

[Exclusion of other reasons] No breeder's right shall be declared null and void for reasons other than those referred to in paragraph (1).
 

Article 22

Cancellation of the Breeder's Right

(1)

[Reasons for cancellation]

 

(a)

Each Contracting Party may cancel a breeder's right granted by it if it is established that the conditions laid down in Article 8 or Article 9 are no longer fulfilled.

 

(b)

Furthermore, each Contracting Party may cancel a breeder's right granted by it if, after being requested to do so and within a prescribed period,

 
 

(i)

  the breeder does not provide the authority with the information, documents or material deemed necessary for verifying the maintenance of the variety,

 
 

(ii)

  the breeder fails to pay such fees as may be payable to keep his right in force, or

 
 

(iii)

  the breeder does not propose, where the denomination of the variety is cancelled after the grant of the right, another suitable denomination.

(2)

[Exclusion of other reasons] No breeder's right shall be cancelled for reasons other than those referred to in paragraph (1).
 

CHAPTER VIII

THE UNION

 

Article 23

Members

The Contracting Parties shall be members of the Union.

 

Article 24

Legal Status and Seat

(1)

[Legal personality] The Union has legal personality.

(2)

[Legal capacity] The Union enjoys on the territory of each Contracting Party, in conformity with the laws applicable in the said territory, such legal capacity as may be necessary for the fulfillment of the objectives of the Union and for the exercise of its functions.

(3)

[Seat] The seat of the Union and its permanent organs are at Geneva.

(4)

[Headquarters agreement] The Union has a headquarters agreement with the Swiss Confederation.
 

Article 25

Organs

The permanent organs of the Union are the Council and the Office of the Union.

 

Article 26

The Council

(1)

[Composition] The Council shall consist of the representatives of the members of the Union. Each member of the Union shall appoint one representative to the Council and one alternate. Representatives or alternates may be accompanied by assistants or advisers.

(2)

[Officers] 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. The President shall hold office for three years.

(3)

[Sessions] The Council shall meet upon convocation by its President. 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 members of the Union so request.

(4)

[Observers] States not members of the Union may be invited as observers to meetings of the Council. Other observers, as well as experts, may also be invited to such meetings.

(5)

[Tasks] The tasks of the Council shall be to:

 

(i)

  study appropriate measures to safeguard the interests and to encourage the development of the Union;

 

(ii)

  establish its rules of procedure;

 

(iii)

  appoint the Secretary-General and, if it finds it necessary, a Vice Secretary-General and determine the terms of appointment of each;

 

(iv)

  examine an annual report on the activities of the Union and lay down the programme for its future work;

 

(v)

  give to the Secretary-General all necessary directions for the accomplishment of the tasks of the Union;

 

(vi)

  establish the administrative and financial regulations of the Union;

 

(vii)

  examine and approve the budget of the Union and fix the contribution of each member of the Union;

 

(viii)

  examine and approve the accounts presented by the Secretary-General;

 

(ix)

  fix the date and place of the conferences referred to in Article 38 and take the measures necessary for their preparation; and

 

(x)

  in general, take all necessary decisions to ensure the efficient functioning of the Union.

(6)

[Votes]

 

(a)

Each member of the Union that is a State shall have one vote in the Council.

 

(b)

Any Contracting Party that is an intergovernmental organization may, in matters within its competence, exercise the rights to vote of its member States that are members of the Union. Such an intergovernmental organization shall not exercise the rights to vote of its member States if its member States exercise their right to vote, and vice versa.

(7)

[Majorities] Any decision of the Council shall require a simple majority of the votes cast, provided that any decision of the Council under paragraph (5)(ii), paragraph (5)(vi) and paragraph (5)(vii) and under Article 28(3), Article 29(5)(b) and Article 38(1) shall require three-fourths of the votes cast. Abstentions shall not be considered as votes.
 

Article 27

The Office of the Union

(1)

[Tasks and direction of the Office] 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)

[Duties of the Secretary-General] 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 of the Union for the approval of the Council and shall be responsible for its implementation. He shall make reports to the Council on his administration and the activities and financial position of the Union.

(3)

[Staff] Subject to the provisions of Article 26(5)(iii), 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.
 

Article 28

Languages

(1)

[Languages of the Office] The English, French, German and Spanish languages shall be used by the Office of the Union in carrying out its duties.

(2)

[Languages in certain meetings] Meetings of the Council and of revision conferences shall be held in the four languages.

(3)

[Further languages] The Council may decide that further languages shall be used.
 

Article 29

Finances

(1)

[Income] The expenses of the Union shall be met from

 

(i)

  the annual contributions of the States members of the Union,

 

(ii)

  payments received for services rendered,

 

(iii)

  miscellaneous receipts.

(2)

[Contributions: units]

 

(a)

The share of each State member 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 States members 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 no fraction shall be smaller than one-fifth.

(3)

[Contributions: share of each member]

 

(a)

The number of contribution units applicable to any member of the Union which is party to the Act of 1961/1972 or the Act of 1978 on the date on which it becomes bound by this Convention shall be the same as the number applicable to it immediately before the said date.

 

(b)

Any other State member of the Union shall, on joining the Union, indicate, in a declaration addressed to the Secretary-General, the number of contribution units applicable to it.

 

(c)

Any State member 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)

[Contributions: computation of shares]

 

(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 States members of the Union by the total number of units applicable to those States members of the Union.

 

(b)

The amount of the contribution of each State member 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 member of the Union.

(5)

[Arrears in contributions]

 

(a)

A State member of the Union which is in arrears in the payment of its contributions may not, subject to subparagraph (b), exercise its right to vote in the Council if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding full year. The suspension of the right to vote shall not relieve such State member of the Union of its obligations under this Convention and shall not deprive it of any other rights thereunder.

 

(b)

The Council may allow the said State member of the Union 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.

(6)

[Auditing of the accounts] The auditing of the accounts of the Union shall be effected by a State member of the Union as provided in the administrative and financial regulations. Such State member of the Union shall be designated, with its agreeement, by the Council.

(7)

[Contributions of intergovernmental organizations] Any Contracting Party which is an intergovernmental organization shall not be obliged to pay contributions. If, nevertheless, it chooses to pay contributions, the provisions of paragraph (1) to paragraph (4) shall be applied accordingly.
 
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