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International Union for the Protection of New Varieties of Plants
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International Union for the Protection of New Varieties of Plants
The International Union for the Protection of New Varieties of Plants or UPOV (French: Union internationale pour la protection des obtentions végétales) is a treaty body (non-United Nations intergovernmental organization) with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the 1991 Act of the UPOV Convention (UPOV 91), 1978 Act of the UPOV Convention (UPOV 78) and 1961 Act of the UPOV Convention with Amendments of 1972 (UPOV 61).
UPOV was established by the International Convention for the Protection of New Varieties of Plants (UPOV 61). The convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991.
The initiative for the foundation of UPOV came from European breeding companies, who called for a conference to define basic principles for plant variety protection in 1956. The first version of the UPOV convention was agreed on in 1961 by 12 European countries. By 1990 still only 19 countries were part of the convention, with South Africa being the only country from the Southern Hemisphere. From the mid-1990s more and more countries from Latin America, Asia and Africa joined the convention. A reason for this development might be the TRIPS-Agreement that obliged WTO members to introduce plant variety protection in national law. Later, many countries have been obliged to join UPOV through specific clauses in bilateral trade agreements, in particular with the EU, USA, Japan and EFTA. The TRIPS-Agreement doesn't require adherence to UPOV but gives the possibility to define a sui generis system for plant variety protection. In contrast, clauses in free trade agreement are more comprehensive and typically require adherence to UPOV.
While the earlier versions of the convention have been replaced, UPOV 78 and UPOV 91 coexist. Existing members are free to decide whether they want to ratify UPOV 91 or stay with UPOV 78, whereas new members have to adhere to the more restrictive version from 1991.
As of December 3, 2021 two intergovernmental organisations and 76 countries and were members of UPOV: African Intellectual Property Organisation, Albania, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, Estonia, European Union, Finland, France, Georgia, Germany, Ghana, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Latvia, Lithuania, Mexico, Moldova, Montenegro, Morocco, the Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Oman, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tanzania, Trinidad and Tobago, Tunisia, Turkey, Ukraine, the United Kingdom, the United States of America (with a reservation), Uruguay, Uzbekistan, and Viet Nam.
For a country or intergovernmental organisation to become member, it needs to implement the requirements of the actual convention in national law. UPOV's secretariat analyises the regulation of plant variety protection in national law and writes a recommendation to the council whether or not the applicant shall be granted membership. In the past several countries have been refused memberships because their national plant variety protection laws granted exceptions for subsistence farmers to reuse and exchange seeds.
In addition, a large number of countries (e.g. Pakistan), intergovernmental organisations (e.g. European Free Trade Association) and international non-governmental organisations (e.g. International Community of Breeders of Asexually Reproduced Ornamental and Fruit Varieties) have observer status.
The convention defines both how the organization must be governed and run, and the basic concepts of plant variety protection that must be included in the domestic laws of the members of the union. These concepts include:
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International Union for the Protection of New Varieties of Plants
The International Union for the Protection of New Varieties of Plants or UPOV (French: Union internationale pour la protection des obtentions végétales) is a treaty body (non-United Nations intergovernmental organization) with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the 1991 Act of the UPOV Convention (UPOV 91), 1978 Act of the UPOV Convention (UPOV 78) and 1961 Act of the UPOV Convention with Amendments of 1972 (UPOV 61).
UPOV was established by the International Convention for the Protection of New Varieties of Plants (UPOV 61). The convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991.
The initiative for the foundation of UPOV came from European breeding companies, who called for a conference to define basic principles for plant variety protection in 1956. The first version of the UPOV convention was agreed on in 1961 by 12 European countries. By 1990 still only 19 countries were part of the convention, with South Africa being the only country from the Southern Hemisphere. From the mid-1990s more and more countries from Latin America, Asia and Africa joined the convention. A reason for this development might be the TRIPS-Agreement that obliged WTO members to introduce plant variety protection in national law. Later, many countries have been obliged to join UPOV through specific clauses in bilateral trade agreements, in particular with the EU, USA, Japan and EFTA. The TRIPS-Agreement doesn't require adherence to UPOV but gives the possibility to define a sui generis system for plant variety protection. In contrast, clauses in free trade agreement are more comprehensive and typically require adherence to UPOV.
While the earlier versions of the convention have been replaced, UPOV 78 and UPOV 91 coexist. Existing members are free to decide whether they want to ratify UPOV 91 or stay with UPOV 78, whereas new members have to adhere to the more restrictive version from 1991.
As of December 3, 2021 two intergovernmental organisations and 76 countries and were members of UPOV: African Intellectual Property Organisation, Albania, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, Estonia, European Union, Finland, France, Georgia, Germany, Ghana, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Latvia, Lithuania, Mexico, Moldova, Montenegro, Morocco, the Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Oman, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tanzania, Trinidad and Tobago, Tunisia, Turkey, Ukraine, the United Kingdom, the United States of America (with a reservation), Uruguay, Uzbekistan, and Viet Nam.
For a country or intergovernmental organisation to become member, it needs to implement the requirements of the actual convention in national law. UPOV's secretariat analyises the regulation of plant variety protection in national law and writes a recommendation to the council whether or not the applicant shall be granted membership. In the past several countries have been refused memberships because their national plant variety protection laws granted exceptions for subsistence farmers to reuse and exchange seeds.
In addition, a large number of countries (e.g. Pakistan), intergovernmental organisations (e.g. European Free Trade Association) and international non-governmental organisations (e.g. International Community of Breeders of Asexually Reproduced Ornamental and Fruit Varieties) have observer status.
The convention defines both how the organization must be governed and run, and the basic concepts of plant variety protection that must be included in the domestic laws of the members of the union. These concepts include:
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