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Topic: UPOV

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	International Union for the Protection of New Varieties of Plants - Wikipedia, the free encyclopedia
		UPOV was established by the International Convention for the Protection of New Varieties of Plants.
		By codifying intellectual property for plant breeders, UPOV aims to encourage the development of new varieties of plants for the benefit of society.
		The 59th member of the UPOV and the first intergovernmental organization to join is the European Community (as of July 29, 2005).
	en.wikipedia.org /wiki/UPOV (284 words)

	Seanad Debates Official Report -5-11-98 (Site not responding. Last check: 2007-10-26)
		The 1991 convention requires a member country of UPOV to safeguard the interest of the breeder during the period between the filing or publication of the application for the grant of plant breeders' rights, and the granting of such rights.
		The UPOV Convention of 1991 provides that a breeder's rights may be restricted within reasonable limits and, subject to safeguarding the breeder's legitimate interests, permits a farmer to use his farm saved seed on his holding.
		The central principle of the UPOV Convention is that the breeder of a new variety of plant is granted a title of protection.
	www.csn.ul.ie /~gombean/news/sect2.htm (10384 words)

	Getting the Most out of Your New PLant Variety (Site not responding. Last check: 2007-10-26)
		Once granted under the 1991 Act of the UPOV Convention, the PBR is valid for a minimum of 25 years in the case of trees and vines and for 20 years in the case of other crops from the date of granting the PBR.
		UPOV Mission Statement: To provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants for the benefit of society.
		UPOV has developed a document known as the "General Introduction to the Examination of Distinctness, Uniformity and Stability and the Development of Harmonized Descriptions of New Varieties of Plants", which sets out the principles which are used in the examination of DUS.
	www.wipo.int /sme/en/documents/upov_plant_variety.htm (4233 words)

	Civil society organizations promote clear and objective guidelines for adequate access to information and public ...
		UPOV is an intergovernmental organization established by the International Convention for the Protection of New Varieties of Plants (UPOV Convention), which was adopted in 1961.
		The mission of UPOV is "to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society." In this regard, UPOV recognizes that intellectual property rights are based on the notion of balance.
		UPOV rules and policies on civil society participation are currently not public, which poses a significant hurdle for organizations seeking to partake and contribute in UPOV discussions and activities.
	www.ciel.org /Tae/UPOV_OpenLetter_25Oct05.html (1554 words)

	The International Union for the Protection of New Varieties of Plants (UPOV) Description
		UPOV has been established by the International Convention for the Protection of New Varieties of Plants (the "UPOV Convention"), which was signed in Paris in 1961 (The 1961 Act).
		It was revised in Geneva in 1972, 1978 and 1991.
		The fact that the UPOV Convention defines the basic concepts of plant variety protection that must be included in the domestic laws of the members of the Union leads, in itself, to a great degree of harmony in those laws and in the practical operation of the protection systems.
	www.mindfully.org /WTO/UPOV-Description.htm (1288 words)

	NORWAY SAYS 'NO' TO UPOV '91 ON PLANT BREEDERS' RI (Site not responding. Last check: 2007-10-26)
		UPOV is the French acronym for the International Convention for the Protection of New Varieties of Plants (UPOV).
		The UPOV Convention was adopted in 1961 to ensure that member states acknowledge the achievements of breeders of new plant varieties by making available to them exclusive property rights for a given period of time.
		UPOV has advocated that the most effective way to comply with the provision of an effective sui generis system is to follow the model of the UPOV Convention.
	www.u-fondet.no /sw6518.asp (1395 words)

	UPOV - Welcome to the International Union for the Protection of New Varieties of Plants
		UPOV - Welcome to the International Union for the Protection of New Varieties of Plants
		The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization with headquarters in Geneva (Switzerland).
		The Convention was adopted in Paris in 1961 and it was revised in 1972, 1978 and 1991.
	www.upov.int (86 words)

	[No title] (Site not responding. Last check: 2007-10-26)
		Although UPOV's paper was presented at the Montreal meeting, and had been available on UPOV's web site since January, UPOV bowed to US pressure and gutted the memorandum, replacing it with a sanitized and shorter "position paper" that carries none of the criticisms of the original report.
		UPOV membership, once limited to a small club of industrialized nations, has expanded in recent years because developing countries are obligated by WTO's Trade-Related Intellectual Property (TRIPs) chapter to adopt some form of intellectual property for plant varieties.
		UPOV responded to Boland's letter on March 17, explaining that UPOV's Consultative Committee had been informed of the CBD's request, and offering that the Consultative Committee would be given the opportunity to consider the memorandum at its April 11 meeting.
	www.etcgroup.org /article.asp?newsid=393 (2108 words)

	ICTSD - BRIDGES Trade BioRes
		The UPOV Convention was signed in 1961 with the aim of protecting new plant varieties of signatory countries.
		The UPOV Convention has since been amended in 1972, 1978 and 1991 each time strengthening the protection of plant breeders.
		Under the UPOV 1978 Act farmers are not allowed to sell seeds obtained from protected varieties, however they can store seeds for cultivation, replanting and development of new plants.
	www.ictsd.org /biores/04-02-06/story4.htm (474 words)

	IELRC.ORG - The International Union for the Protection of New Varieties of Plants (UPOV)
		The UPOV Convention was first signed in 1961 to provide a form of legal protection of plant varieties for western European countries.
		More specifically, UPOV recognizes the exclusive rights of individual plant breeders to produce or reproduce protected varieties, to condition them for the purpose of propagation, to offer them for sale, to commercialise them, including exporting and importing them, and to stock them in view of production or commercialisation[1].
		Non-member states which wish to join the UPOV regime at present must join under the 1991 Act but there is no obligation for existing member states to ratify the latest version of the convention if they do not wish to.
	www.ielrc.org /content/f0303.htm (1221 words)

	UPOV SYSTEMS (Site not responding. Last check: 2007-10-26)
		UPOV 91 allows the cumulation of patents and other rights, and on this basis is no longer a sui generis system.
		UPOV 91 narrows the concept of novelty - to mean commercial novelty; whereas UPOV 78 provided broad criteria that included cultivation (by farmers) and reference collections, and general literature.
		UPOV 91 vastly extends the rights of the breeders, and restricts the exemption allowed to other breeders to innovate around the protected varieties.
	www.southcentre.org /publications/occasional/paper02/paper2-06.htm (1088 words)

	The Hindu Business Line : Move in join UPOV — Farmers' rights in jeopardy (Site not responding. Last check: 2007-10-26)
		The move to join the UPOV is anti-farmer as, among other disadvantages, it restricts his right to save seeds to replant, a practice common among most Indian farmers.
		UPOV does not recognise the notion of prior knowledge of the farming community and consequently takes no notice of the farmers' right to the benefits flowing out of such knowledge.
		UPOV openly declares that concern of farmers' rights is the business of Food and Agricultural Organisation (FAO) and not of UPOV.
	www.blonnet.com /2002/10/02/stories/2002100200230900.htm (1250 words)

	Biotechnology and Development Monitor, No. 36, p. 2-5.
		The UPOV system emerged in Western Europe between 1930 and 1960, when agriculture was dominated by small farmers who became interested in new and improved varieties.
		Under the UPOV 78 Act the scope of plant variety protection does not cover farm saved seeds and therefore technically there is no need for an institutionalized farmers’ privilege.
		The USA has implemented the 1991 Act of the UPOV Convention in a way that the trade of seed is no longer permitted but the farmer still does not pay any royalty for the re-use of the seed of protected varieties.
	www.biotech-monitor.nl /3602.htm (2195 words)

	GRAIN \| Seedling \| 1999 \| UPOV ON THE WAR PATH (Site not responding. Last check: 2007-10-26)
		UPOV is biased towards the specific needs of industrial agriculture, especially through its Distinction-Uniformity-Stability criteria; the uniformity criterion alone has been singled out as promoting the loss of genetic diversity in agriculture.
		Impact studies conducted in one UPOV member state, the USA, report a decline in the flow of germplasm among breeders, a decline in the sharing of scientific information and a decline in the rate of progress in plant breeding.
		Nevertheless, UPOV members are lobbying hard for the insertion of a reference to UPOV in the TRIPS Agreement as "the" effective sui generis legislation – meaning that all WTO members would be forced to implement it.
	www.grain.org /publications/jun991-en.cfm (3927 words)

	4. UPOV 91 \| Review of the Plant Variety Rights Act 1987: A Discussion Paper \| Review of the Plant Variety Rights Act ...
		UPOV 91 made a number of changes to the earlier UPOV 78 Convention upon which the PVRA 87 is based.
		Article 14(5)(i) of UPOV 91 extends the rights provided in Article 14(1) to varieties which are "essentially derived" from the protected variety, where the protected variety is not itself an essentially derived variety.
		Article 19 of UPOV 91 specifies that the breeder's right shall be granted for a minimum period of 20 years from the date of grant.
	www.med.govt.nz /templates/MultipageDocumentPage____1784.aspx (1153 words)

	IPGRI and UPOV find common ground - IPGRI Public Awareness (Site not responding. Last check: 2007-10-26)
		UPOV exists to provide and promote an effective system of plant variety protection, in order to encourage the development of new varieties for the benefit of society.
		UPOV allows the use of protected material for private and non-commercial purposes.
		Because the UPOV Convention exempts the use of protected materials by breeders (including farmer-breeders) and for research it is entirely in keeping with the principle of maintaining access to materials for scientific advancement.
	ipgri-pa.grinfo.net /index.php?itemid=479 (882 words)

	Judgment 1266 (ILOAT) - Administrative Tribunal
		In its reply UPOV submits that it had nothing to do with the Commission's choice of the method of drawing up the disputed scale; that was a matter for the Commission alone.
		The gist of the second part of the plea is that UPOV staff have lost their right to effective appeal because the Commission, though empowered to bind their organisation, is not itself subject to judicial review.
		UPOV says it therefore cannot comment in any way on the process of salary adjustment, on the information supplied by the Commission, or on the complainants' pleas.
	www.ilo.org /public/english/tribunal/fulltext/1266.htm (4345 words)

	Farmers' Exemption
		That means a contrario that, except if national laws are more stringent than the UPOV Convention (a a minima convention) (see Plant Breeder's Rights), farmers are allowed to produce seed of protected varieties for their own use.
		In addition, the 1991 Act of the UPOV Convention provides for an optional exception to Plant Breeder’s Rights indicating that each contracting party may, within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder, restrict the plant breeder's right in relation to any variety.
		This is in order to permit farmers to use for propagating purposes on their own holdings, the product of the harvest, which they have obtained by planting on their own holdings, the protected variety.
	www.worldseed.org /FAQ/FAQfe.htm (282 words)

	Ratification of UPOV 91 \| Review of the Plant Variety Rights Act 1987 \| Cabinet Papers
		It would not be possible, under the provisions of UPOV 91, to refuse to grant a PVR (or revoke a granted PVR) on the grounds that the breeder had not obtained (for example) prior informed consent to use the variety in that way.
		They may consider that ratification of UPOV 91 would be in breach of the Crown's obligations under the Treaty of Waitangi, and may preclude the possibility of amendments to the PVRA as part of any government response to a Waitangi Tribunal decision regarding the WAI 262 claim.
		Consequently, I recommend that UPOV 91 not be ratified at this time, but that ratification be considered after the WAI 262 claim has been resolved and work on a bioprospecting policy is completed, or within three years of this decision, whichever is sooner.
	www.med.govt.nz /templates/MultipageDocumentPage____1750.aspx (534 words)

	INTELLECTUAL PROPERTY RIGHTS AND PLANT VARIETY PROTECTION IN RELATION TO DEMANDS OF THE WORLD TRADE ORGANIZATION AND ...
		The breeder is defined in the 1991 UPOV (International Union for the Protection of New Varieties of Plants) Convention as the person who bred, or discovered and developed, a variety.
		The UPOV Conventions expressly provide that a protected variety may be freely used by others to breed further varieties, i.e.
		The experience of UPOV member States has shown that plant variety protection increases the number of breeders and consequently widens the spectrum of improved varieties available to farmers, with a potential increase in genetic variability.
	www.fao.org /WAICENT/FaoInfo/Agricult/AGP/AGPS/Bangkok/Paper10.htm (3707 words)

	Intellectual property rights in plant varieties
		For example, a developing country that is a WTO Member but not a member of UPOV may nevertheless be required to adhere to all of the provisions of the 1991 UPOV Act by virtue of having ratified a "TRIPs plus" treaty.
		States that become Members of the WTO after joining the 1978 UPOV Act and adopting laws to comply with that Act face a similar situation to states that are parties to both the WTO and the 1991 Act.
		In addition to the eligibility requirements imposed under the UPOV Acts, states may impose additional conditions upon the grant of protection as a means of implementing their obligations under the CBD.
	www.fao.org /docrep/007/y5714e/y5714e04.htm (5676 words)

	[No title]
		One thing we were very conscious about from the beginning is that we should draft a piece of legislation that moves away from the UPOV (Union for the Protection of New Varieties of Plants) model.
		But what is appalling is that six months after this law was legislated by both Houses of Parliament, at the behest of the Agricultural Ministry an application was made to join UPOV (in May 2002).
		UPOV has made it clear to the Indian government that if India wants to join UPOV it has to change the farmers' rights law.
	www.hinduonnet.com /thehindu/thscrip/print.pl?file=20040521001708200.htm&date=fl2110/&prd=fline& (2305 words)

	TRIPs, Plant Variety Protection and UPOV (Site not responding. Last check: 2007-10-26)
		UPOV is currently selling itself as the ready-made solution for compliance with TRIPs.
		There is no code of technology transfer implicit in the UPOV regime, other than the net effect that TNCs will be able to market varieties in the South under legal conditions adjusted to their global ambitions.
		UPOV is designed to facilitate monopolies in corporate plant breeding.
	www.southcentre.org /southletter/sl34/sl34-10.htm (1005 words)

	SeedQuest - Central information website for the global seed industry
		The purpose of the UPOV Convention is to encourage the development of new varieties of plants by granting breeders an intellectual property right on the basis of a set of clearly defined principles.
		The Secretary-General of UPOV, Dr. Kamil Idris, welcomed the deposit of the instrument of accession of Iceland to the UPOV Convention (1991 Act) and expressed his satisfaction that UPOV has now reached 61 members.
		UPOV is an intergovernmental organization which is based in Geneva.
	www.seedquest.com /News/releases/2006/april/15469.htm (198 words)

	IELRC.ORG - PLANT VARIETY PROTECTION: Patents, Plant Breeders’ Rights & Sui Generis Systems
		Under UPOV, a variety is novel if it has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety[3].
		Developing countries that are member of WTO were left with the choice of either adopting the existing regime proposed in UPOV or to devise their own plant variety protection system adapted to their specific situation.
		The prominence of the UPOV Convention in the debates concerning sui generis plant variety protection is in part linked to the fact that the interpretation of the concept of ‘effective’ sui generis system in Article 27.3.b TRIPS remains problematic.
	www.ielrc.org /content/f0304.htm (2488 words)

	M.P.E.P. Section 1612, UPOV Convention (BitLaw) (Site not responding. Last check: 2007-10-26)
		On November 8, 1981, the 1978 text of the "International Convention for the Protection of New Varieties of Plants" (generally known by its French acronym as the UPOV Convention) took effect in the United States and two other states that had not been party to the 1961 text, Ireland and New Zealand.
		Application of the UPOV Convention in the United States does not affect the examination of plant patent applications, except in one instance.
		Basically, this Article requires that the proposed variety name not be identical with or confusingly similar to other names utilized in the United States or other UPOV member countries for the same or a closely related species.
	www.bitlaw.com /source/mpep/1612.html (417 words)

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