Title: International Convention for the Protection of New Varieties of Plants

Summary of Provisions:

The International Convention for the Protection of New Varieties of Plant, also known as the UPOV Convention (from the French union pour la protection des obtentions vegetales), provides "a sui generis form of intellectual property protection which has been specifically adapted for the process of plant breeding and has been developed with the aim of encouraging breeders to develop new varieties of plants." (www.upov.int/en/about/introduction.htm). To receive protection a plant variety must be new, distinct, uniform and stable (terms which are defined in Articles 6 - 9 of the Convention). Applications for plant variety protection are made to designated authorities which judge whether these four criteria have been met. The plant variety right gives protection for a minimum of 20 years and means that a right holder must give authorisation for production; reproduction; conditioning for the purpose of propagation; offering for sale; sale; marketing; exporting; importing; or stocking for any of those purposes, of the plant variety (Article 14). Exemptions are made for non-commercial uses, and states may choose to limit breeders' rights to allow farmers to conduct on-site saving of seed (Article 15).

Summary of Development:

The UPOV Convention was adopted in 1961 and entered into force in 1968. It has been revised three times: in 1972; 1978; and 1991.

Current Status:

There are 67 states parties to the Convention and the European Community is a member organisation.

UPOV Convention

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Related Summaries on the Genomics Gateway Site:

Agreement on Trade Related Aspects of Intellectual Property Rights

Page last updated 26th March 2009.

Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk