World Intellectual Property Organization

International Treaty on Plant Genetic Resources for Food and Agriculture

Austria

Declaration made upon ratification:
"The Republic of Austria confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Belgium

Declaration made upon ratification:
"Belgium interprets Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Denmark

Declaration made upon ratification:
"Denmark confirms the declaration made at adopting the Treaty concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

European Union (EU)

Declaration made upon approval:
(1) "The European Community interprets Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."
(2) "In accordance with the provisions of Article II.7 of the FAO Constitution, the European Community declares that its declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture."
(3) "In accordance with the provision of Article 22.3 the European Community declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

Pursuant to Article 29.2, the instrument of approval deposited by the European Union shall not be counted as additional to those deposited by its Member States.

Finland

Declaration made upon ratification:
"The European Community and its Member States interpret Article 12.3 d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Germany

Declaration made upon ratification:
"Germany confirms the declaration made at adoption by the European Community concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Greece

Declaration made upon ratification:
"The Hellenic Republic confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognizing that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Ireland

Declaration made upon ratification:
"Ireland confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Italy

Declaration made upon ratification:
"Italy confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Japan

Declaration made upon accession:
"The Government of Japan declares that Article 12.3(d) of the International Treaty on Plant and Genetic Resources for Food and Agriculture be interpreted as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Luxembourg

Declaration made upon ratification:
"The Grand-Duchy of Luxembourg confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Myanmar

Declaration with respect to Article 22 made upon accession:
"The Government of the Union of Myanmar declares that in the event of a dispute between Contracting Parties concerning the interpretation or application of International Treaty on Plant Genetic Resources for Food and Agriculture, Myanmar shall seek Arbitration in accordance with Article 22.3(a). In this respect, Myanmar accepts Arbitration in accordance with the procedure laid down in Part one of Annex II to the Treaty."

Poland

Declaration made upon accession:
"The Republic of Poland confirms the declaration made at adoption by the European Community concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Spain

Declaration made upon ratification:
"Spain declares its intention to deposit the declaration of interpretation concerning Article 12.3.d of the Treaty, already made by the Presidency of the European [Union] during the thirty-first Ministerial Conference of FAO of November 2001, at the time of adoption of the Treaty, as soon as the pertinent internal proceedings are finalized."

Sweden

Declaration made upon ratification:
(1) "Sweden confirms the declaration made at adopting concerning the interpretation of Article 12.3d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."
(2) "In accordance with the provisions of Article II.7 of the FAO Constitution, Sweden declares that the European Community's declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture."
(3) "In accordance with the provision of Article 22.3 Sweden declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

United Kingdom

Declaration made upon ratification:
"The Government of the United Kingdom confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

 

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