UPOV Convention

ACT OF 1961



adopted by the Diplomatic Conference

on December 1, 1961

R manlevel=Note>TABLE OF CONTENTS(i)


This Table of Contents is added for the convenience of the reader. It does not appear in the original (French) text of the Convention.




Article 1:

Purpose of the Convention: Constitution of a Union;
  Seat of the Union


Article 2:

Forms of Protection; Meaning of "Variety"


Article 3:.

National Treatment


Article 4:

Botanical Genera and Species Which Must or May Be Protected;


Reciprocity; Possibility of Declaring that Articles 2


and 3 of the Paris Convention for the Protection of Industrial


Property Are Applicable


Article 5:

Rights Protected; Scope of Protection


Article 6:

Conditions Required for Protection


Article 7:

Official Examination of New Varieties; Provisional Protection


Article 8:

Period of Protection


Article 9:

Restrictions in the Exercise of Rights Protected


Article 10:

Nullity and Forfeiture of the Rights Protected


Article 11:

Free Choice of the Member State in Which the First Application


is Filed; Application in Other Member States; Independence of


Protection in Different Member States


Article 12:

Right of Priority


Article 13:

Denomination of New Varieties of Plants


Article 14:

Protection Independent of Measures Regulating Production, Certification and Marketing


Article 15:

Organs of the Union


Article 16:

Composition of the Council; Votes


Article 17:

Observers in Meetings of the Council


Article 18:

Officers of the Council


Article 19:

Meetings of the Council


Article 20:

Rules of Procedure of the Council; Administrative and Financial Regulations of the Union


Article 21:

Duties of the Council


Article 22:

Majorities Required for Decisions of the Council


Article 23:

Tasks of the Office of the Union; Responsibilities of the Secretary-General; Appointment of Staff


Article 24:

Supervisory Function of the Swiss Government


Article 25:

Cooperation with the Unions Administered by BIRPI


Article 26:



Article 27:

Revision of the Convention


Article 28:

Languages To Be Used by the Office and in the Council


Article 29:

Special Agreements for the Protection of New Varieties of Plants


Article 30:

Implementation of the Convention on the Domestic Level; Special Agreements on the Joint Utilization of Examination Services


Article 31:

Signature and Ratification; Entry Into Force


Article 32:

Accession; Entry Into Force


Article 33:

Communications Indicating the Genera and Species Eligible for Protection


Article 34:



Article 35:

Transitional Limitation of the Requirement of Novelty


Article 36:

Transitional Rules Concerning the Relationship Between Variety Denominations and Trade Marks


Article 37:

Preservation of Existing Rights


Article 38:

Settlement of Disputes


Article 39:



Article 40:

Duration and Denunciation of the Convention; Discontinuation of the Application of the Convention to Territories


Article 41:

Copies of the Convention; Language and Official Translations of the Convention



List Referred to in Paragraph (3) of Article 4



Convinced of the importance attaching to the protection of new varieties of plants not only for the development of agriculture in their territory but also for safeguarding the interests of breeders,


Conscious of the special problems arising from the recognition and protection of the right of the creator in this field and particularly of the limitations that the requirements of the public interest may impose on the free exercise of such a right,


Deeming it highly desirable that these problems to which very many States rightly attach importance should be resolved by each of them in accordance with uniform and clearly defined principles,


Anxious to reach an agreement on these principles to which other States having the same interests may be able to adhere,

Have agreed as follows:


Article 1

[Purpose of the Convention; Constitution of a Union; Seat of the Union]1

 Articles have been given titles to facilitate their identification. There are no titles in the signed (French) text




  The purpose of this Convention is to recognise and to ensure to the breeder of a new plant variety, or to his successor in title, a right the content and the conditions of exercise of which are defined hereinafter.



  The States parties to this Convention, hereinafter referred to as member States of the Union, constitute a Union for the Protection of New Varieties of Plants.



  The seat of the Union and its permanent organs shall be at Geneva.

Article 2

[Forms of Protection; Meaning of "Variety"]



  Each member State of the Union may recognise the right of the breeder provided for in this Convention by the grant either of a special title of protection or of a patent. Nevertheless, a member State of the Union whose national law admits of protection under both these forms may provide only one of them for one and the same botanical genus or species.



  For the purposes of this Convention, the word "variety" applies to any cultivar, clone, line, stock or hybrid which is capable of cultivation and which satisfies the provisions of subparagraphs (1)(c) and (d) of Article 6.

Article 3

[National Treatment]



  Without prejudice to the rights specially provided for in this Convention, natural and legal persons resident or having their headquarters in one of the member States of the Union shall, in so far as the recognition and protection of the breeder's right are concerned, enjoy in the other member States of the Union the same treatment as is accorded or may hereafter be accorded by the respective laws of such States to their own nationals, provided that such persons comply with the conditions and formalities imposed on such nationals.



  Nationals of member States of the Union not resident or having their headquarters in one of those States shall likewise enjoy the same rights provided that they fulfil such obligations as may be imposed on them for the purpose of enabling the new varieties which they have bred to be examined and the multiplication of such varieties to be controlled.
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