World Intellectual Property Organization

International Convention for the Protection of New Varieties of Plants (UPOV)

Belgium

1978 Act: A notification dated November 19, 1981, was made to the effect that, as provided for in Article 34(2) of the 1978 Act, from December 19, 1981, until the entry into force of the 1978 Act with respect to the Kingdom of Belgium, the latter will apply the Convention of 1961 as amended by the Additional Act of 1972 in its relations with any State bound by the 1978 Act, which becomes a member of the Union for the Protection of New Varieties of Plants through ratification, acceptance or approval of or accession to the 1978 Act, whereas any such State will apply the 1978 Act in its relations with the Kingdom of Belgium.

With a notification under Article 34(2) of the 1978 Act.

China

With a declaration that the 1978 Act is not applicable to Hong Kong, China.

Denmark

Ratification of the Convention (1961) was accompanied by a declaration that the following genera and species included in the Annex to the Convention had been notified in accordance with Article 33 of the Convention: wheat, barley, oats, peas, potatoes, beans, red clover. National treatment with respect to genera and species not included in the Annex to the Convention: "In the case of new plant varieties not included in the genera or species named in the list mentioned in Article 4, paragraph (3), Denmark intends to grant the benefit of protection to foreign breeders provided that they are nationals of States granting Danish breeders protection for new varieties of the same genera or species, or that they are physical persons or corporate bodies having their domicile or registered office in one of these States." (Translation)

European Union (EU)

1991 Act: Accession by the European Community.

France

With a declaration that the 1978 Act applies to the territory of the French Republic, including the Overseas Departments and Territories.

1978 Act: A notification dated November 6, 1981, was made to the effect that, as provided for in Article 34(2) of the 1978 Act, from December 6, 1981, until the entry into force of the 1978 Act with respect to the French Republic, the latter would apply the Convention of 1961 as amended by the Additional Act of 1972 in its relations with Ireland, New Zealand and the United States of America, whereas the said States would apply the 1978 Act in their relations with the French Republic.

Ratification of the Convention (1961) was accompanied by a declaration that in accordance with Article 33 of the Convention, the French Government would apply the Convention to the following genera and species included in the Annex to the Convention: wheat, barley, oats, rice, maize, potatoes, peas, beans, lettuce, roses, carnations. The Convention would also be applied to a number of genera and species not included in the Annex to the Convention. With respect to these, France would limit the benefit of protection to nationals of Member States which protect the same genera and species, as well as to physical persons and corporate bodies having their domicile or establishment in one of these States.

Germany

Ratification of the 1978 Act also applied to Berlin (West) with effect from the date on which it entered into force for the Federal Republic of Germany.

1978 Act: Dates apply to the Federal Republic of Germany.

Additional Act (1972): Dates apply to the Federal Republic of Germany.

Ratification of the Additional Act (1972) also applied to Berlin (West) with effect from the date on which it entered into force for the Federal Republic of Germany.

Ratification of the Convention (1961) was accompanied by a declaration that the following genera and species included in the Annex to the Convention had been notified in accordance with Article 33 of the Convention: oats, barley, lettuce, ryegrass, lucerne, beans, peas, roses, potatoes, red clover, wheat, maize. National treatment with respect to species not included in the Annex to the Convention: "Nationals of another State party to the Convention and physical persons or corporate bodies having their domicile or registered office in another Contracting State, if the Contracting State of which they are nationals or in which they have their registered office grants protection to varieties of the same species..." (Translation)

Hungary

1978 Act: Accession accompanied by a declaration that the Hungarian People's Republic will apply the said International Convention to all botanical genera and species.

Italy

Signature of the Convention (1961) was accompanied by a declaration indicating that in accordance with Article 4(5), Italy would apply Article 2 and 3 of the Paris Convention concerning the protection of new varieties of plants.

Japan

1978 Act: Acceptance accompanied by a notification that Japan intends to exercise its rights under Article 3(3) of the International Convention.

Netherlands

1991 Act: Ratification for the Kingdom in Europe.

1978 Act: Application to Aruba notified on February 14, 1986; Entry into force: November 8, 1986. This application was withdrawn on November 27, 1996, with retroactive effect to the date on which the Convention became applicable to Aruba.

Ratification of the Convention (1961) was accompanied by a declaration that the following genera and species included in the Annex to the Convention had been notified in accordance with Article 33 of the Convention: wheat, barley, oats, maize, potatoes, peas, beans, lettuce, apples, roses, carnations.

Spain

With a declaration that the Convention of 1961 and the Additional Act of 1972 apply to the entire territory of Spain.

Ukraine

1978 Act: The Government of Ukraine deposited, subsequently, on October 3, 1995, a declaration indicating the number of contribution units applicable to Ukraine and a communication notifying the list of genera and species to which Ukraine will apply the said Convention.

United Kingdom

Ratification of the Convention (1961) was accompanied by a declaration that the following genera and species included in the Annex to the Convention had been notified in accordance with Article 33 of the Convention: wheat, barley, oats, potatoes, roses, apples, runner beans, french beans, peas, ryegrass, lucerne, lettuce, carnations. National treatment with respect to genera and species not included in the Annex to the Convention: "The United Kingdom does not intend to avail itself of the rights of limitation available under paragraph (4) of Article 4 in respect of genera and species not included in the list annexed to the Convention. Under legislation at present in force in the United Kingdom nationals of all States whether or not they are domiciled or have a registered office in one of the Member States of the Union for the Protection of New Plant Varieties or of the Union for the Protection of Industrial Property, are entitled to the same treatment as nationals of the United Kingdom".

United States of America

With a reservation pursuant to Article 35(2) of the 1991 Act.

1978 Act: Acceptance was accompanied by a declaration stating that the United States of America will apply the provisions of Article 37, paragraphs (1) and (2), with regard to protection of the same genus of species under different forms and also with regard to the patentability criteria and period of protection applicable to normally asexually reproduced plant varieties.

 

Explore WIPO