The data transmitted using UPOV PRISMA 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.
In particular, the PBR authority agrees to the following:
In accessing and using the UPOV PRISMA, you agree:
The date and time of receipt of data submitted electronically using UPOV PRISMA is the local date and time in the selected PBR authority at the time when the data was submitted via UPOV PRISMA. 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 UPOV PRISMA. If a confirmation email is not received you should contact the UPOV PRISMA team at email@example.com. The same International Reference Number will be assigned to application data submitted for the same variety.
UPOV PRISMA 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 UPOV PRISMA on an “as is, as available” basis. UPOV makes no representation and gives no warranty that the service provided via UPOV PRISMA will meet your requirements, be uninterrupted, timely or error-free. You should promptly notify the UPOV PRISMA team at firstname.lastname@example.org if you discover or suspect any error or malfunction in UPOV PRISMA. The UPOV PRISMA team will attempt to inform you as soon as possible of any outage that might materially affect your normal use of UPOV PRISMA. 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 UPOV PRISMA.
UPOV may alter, suspend or decommission UPOV PRISMA at any time without giving reasons. Where possible, the UPOV PRISMA team will attempt to give a reasonable prior notice of any such action. You should promptly notify the UPOV PRISMA team at email@example.com if you discover or suspect any error or malfunction in UPOV PRISMA. In such an event, you agree to promptly provide to the UPOV PRISMA team information and details regarding any error or malfunction of UPOV PRISMA 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).
When you register in UPOV PRISMA, through WIPO Account, you need to provide a username and password that can later be used to log on to the UPOV PRISMA secure facilities. This username and password is linked to your WIPO account and consequently allows you to access UPOV PRISMA.
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:
The Information Security controls within UPOV PRISMA 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 UPOV PRISMA that you must not:
The effective management and security of UPOV PRISMA 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 UPOV PRISMA team in connection with your use of UPOV PRISMA.
The payment of UPOV PRISMA fee for all users of UPOV PRISMA 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 UPOV PRISMA. In such a case the payment of UPOV PRISMA 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 UPOV PRISMA fee is in Swiss francs (CHF).
For those PBR authorities that have requested that the application fee be paid using UPOV PRISMA 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 UPOV PRISMA fee and/or application fee, if applicable. As provided in the acknowledgement above, the user of UPOV PRISMA 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.
The UPOV PRISMA team will ordinarily provide business and technical support for the UPOV PRISMA from 9 am to 5 pm, Geneva time, Monday to Friday (excluding UPOV official holidays and shut-down periods as specified on the UPOV PRISMA website).
You may inactivate your registration with UPOV PRISMA at any time through the user role management interface.
UPOV may also suspend, and/or terminate your registration, use of or access to UPOV PRISMA for its own reasons and without any fault on your part provided that in such circumstances the UPOV PRISMA 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 UPOV PRISMA after the date of termination.
Users of UPOV PRISMA shall make their best efforts to amicably settle any dispute arising out of the use of UPOV PRISMA. 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.
Nothing in or relating to the use of UPOV PRISMA shall be deemed a waiver, express or implied, of any of the privileges and immunities of UPOV.
Updated on: February 24, 2020