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Terms of use

General disclaimer

The PLUTO database is a compilation of plant variety data supplied by the competent authorities from UPOV members and the Organisation for Economic Co-operation and Development (OECD).

The database provides information in relation to:

  • Plant Breeders’ Rights (PBR)
  • Plant Patents (PLP)
  • Patents for Inventions (PAT)
  • National Lists (NLI)
  • Other (explained by each provider)

The information provided in the PLUTO database does not constitute the official publication of the authorities concerned.  To consult the official publication, or to obtain details on the status and completeness of the information in the PLUTO database, please contact the relevant authority, contact details for which are provided at  https://www.upov.int/members/en/pvp_offices.html.

All contributors to the PLUTO database are responsible for the correctness and completeness of the data they supply.  Individual users are particularly requested to note that it is not obligatory for UPOV members to supply data for the PLUTO database and, for those UPOV members who supply data, it is not obligatory to supply data for all items.

UPOV members are encouraged to provide data as soon as practical after it is published by the authority(ies) concerned.  The PLUTO database will be updated with new data as quickly as possible after receipt, in accordance with the uploading procedure.  The PLUTO database can, as necessary, be updated with corrected data provided by UPOV members, in accordance with the uploading procedure.

UPOV makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of the information in the PLUTO database.  UPOV assumes no liability or responsibility for any errors or omissions in the content of this database and further disclaims any liability of any nature for any loss howsoever caused in connection with using this database.

The collection and retention of personal information by UPOV through PLUTO is subject to the terms of the UPOV’s Privacy Policy currently in force.

Nothing in or relating to these terms of use shall be deemed a waiver of any of the UPOV privileges and immunities customarily granted to international organizations and those provided in the Agreement between UPOV and the Swiss Federal Council (Headquarters Agreement).


Access to PLUTO

Access to PLUTO requires  a WIPO Account, with a username and password that are used to log on to PLUTO.

You agree to:

  • be responsible for all activities that occur under your WIPO Account 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 PLUTO;
  • change your password if it becomes known to unauthorized persons;
  • inform the PLUTO team at pluto@upov.int if you leave your registered; PVP Office/organization/company;
  • contact the PLUTO team at pluto@upov.int if your username or password have been lost, stolen or otherwise compromised;
  • log out at the end of each session.  Your session will expire automatically after two hours or after one hour idle time; and
  • comply with the authorized uses provided in these terms of use and to report any known unauthorized use. 

Operation of PLUTO

  • PLUTO 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 you use PLUTO on an “as is, as available” basis. UPOV makes no representation and gives no warranty that the service provided via PLUTO will meet your requirements, be uninterrupted, timely or error-free.  You should promptly notify the PLUTO team at pluto@upov.int if you discover or suspect any error or malfunction in PLUTO.  In such an event, you agree to promptly provide to the PLUTO team information and details regarding any error or malfunction of PLUTO 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).  The PLUTO team will attempt to inform you as soon as possible of any outage that might materially affect your normal use of PLUTO.  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 PVP Office/organization/company and to ensure you and your PVP Office/organization/company can proceed despite any disruption or delay occurring in respect of PLUTO.
  • UPOV may alter, suspend or decommission PLUTO at any time without giving reasons.  Where possible, the PLUTO team will attempt to give a reasonable prior notice of any such action.

PLUTO Services

Standard Service

Under the Standard Service, the PLUTO database provides a free search function for all individual registered users.  Search results will be available as an on-screen display of a single page of results.  This service provides for the possibility to print and distribute up to 100 records.  There will be no facility to download search results or data from the PLUTO database.

Premium Service

Under the Premium Service, the PLUTO database provides individual registered users access to all PLUTO database features and the possibility to download data in accordance with these terms of use.  The fee for individual registered users is CHF 750 per annum.

Officials from UPOV members and data contributors designated by the UPOV representatives will have access to all the features of the PLUTO database Premium Service in accordance with these terms of use. 

Subscription to Premium Service

Subscriptions to the Premium Service shall continue in effect for one (1) year, commencing on the Effective Payment date.  This subscription shall be automatically renewed, and the individual authorized use of PLUTO may be extended through automatic renewal of this subscription for successive periods of twelve (12) months unless the individual authorized user elects to terminate this subscription by giving the PLUTO team at pluto@upov.int notice thereof in writing not less than sixty (60) days prior to the anniversary date of this subscription.

Payment of Premium Service

Individual authorized users agree to pay the PLUTO fee for the use of the Premium Service.  Any payments due under this service shall be payable upon receipt of an invoice from UPOV.

The pricing shall be effective during the initial Term of this subscription.

UPOV reserves the right to modify this pricing structure each year that this subscription is automatically renewed, and the individual authorized user has the right of the cancellation of the subscription, within thirty (30) days, after having received the information of the new pricing.


Usage restrictions

Individual authorized users granted access to PLUTO shall be identified and authenticated by their WIPO account.  Any authorized use of the registered WIPO Account is strictly limited to authorized individuals.

If within the same PVP Office, company, public research institute, university or other public or private entity, more than one individual requires access to the PLUTO Premium service, a subscription should be requested for each of them.  Individual subscription rights cannot be transferred.


Authorized Uses

Individual PLUTO registered users shall have the right to view PLUTO and the data contained in PLUTO for the purposes of examination, analysis, study or research of information concerning plant breeders’ rights (PBR), plant patents (PLP) and national listing (NLI).

Transmission or reproduction of data downloaded using PLUTO beyond the authorized use requires the written permission of UPOV.

In accordance with PLUTO Standard service, individual users shall have the right to search, print and distribute up to 100 records.

In accordance with PLUTO Premium service, individual users shall have the right to search, print and download unlimited number of records.  Individual authorized Premium service users are only authorized to distribute up to 100 records.  In particular, distribution of analysis or reports produced using more than 100 records requires the written permission of UPOV.

Individual PLUTO users recognize the importance of UPOV maintaining its proprietary rights over the PLUTO database, and of avoiding improper use of PLUTO and its data as defined by these Terms of Use.


Non-authorized Uses

Individual PLUTO users shall comply with the foregoing limitations on usage.

The following are non-authorized uses:

  • duplication of PLUTO or data from PLUTO, except for up to 100 records;
  • creation of subsets or derivative databases from the PLUTO data, except for up to 100 records;
  • distribution of data retrieved from PLUTO in any form (e.g. printed, electronically relayed, posted to list services) to, or for the benefit of, anyone who is not an individual Premium service user within the same PVP Office/organization/company, except for up to 100 records;
  • transfer of PLUTO, or any portion of the data in PLUTO, electronically to another computer by way of the Internet, a computer network, or other means to, or for the benefit of, anyone who is not an individual authorized Premium service user within the same PVP Office/organization/company, except for up to 100 records;
  • publish or otherwise disseminate PLUTO or its data for commercial purposes.

Copyright

The copyright and all other proprietary rights in PLUTO are the sole and exclusive property of UPOV.  Individual authorized users acknowledge that the data in PLUTO is extremely valuable and proprietary to UPOV.  Individual authorized users shall use reasonable care to prevent the unauthorized uses of PLUTO, or any portion of the data in PLUTO, in violation of these Terms of Use.

Termination

UPOV may block access to PLUTO and/or terminate the Standard or Premium service, with immediate effect, if a user breaches these Terms of Use.

Dispute Resolution

If there is a dispute arising from the uses of the PLUTO database, UPOV shall use its best efforts to amicably settle any dispute.  If not settled amicably within sixty days, the dispute may be referred 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 arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute will be of binding nature.

Date: May 25, 2022