(3) [Acts in respect of certain products] Each Contracting Party may provide that, subject to Article 15 and Article 16, the acts referred to in items paragraph (1) a) (i) to paragraph (1) a) (vii) in respect of products made directly from harvested material of the protected variety falling within the provisions of paragraph (2) through the unauthorized use of the said harvested material shall require the authorization of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to the said harvested material.
(4) [Possible additional acts] Each Contracting Party may provide that, subject to Article 15 and Article 16, acts other than those referred to in items paragraph (1) a) (i) to paragraph (1) a) (vii) shall also require the authorization of the breeder.
(5) [Essentially derived and certain other varieties]
a) The provisions of paragraph (1) to paragraph (4) shall also apply in relation to
(i) varieties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety,
(ii) varieties which are not clearly distinguishable in accordance with Article 7 from the protected variety and
(iii) varieties whose production requires the repeated use of the protected variety.
b) For the purposes of subparagraph a) (i), a variety shall be deemed to be essentially derived from another variety („the initial variety”) when
(i) it is predominantly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety,
(ii) it is clearly distinguishable from the initial variety and
(iii) except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
c) Essentially derived varieties may be obtained for example by the selection of a natural or induced mutant, or of a somaclonal variant, the selection of a variant individual from plants of the initial variety, backcrossing, or transformation by genetic engineering.
Article 15
Exceptions to the Breeder’s Right
(1) [Compulsory exceptions] The breeder’s right shall not extend to
(i) acts done privately and for non-commercial purposes,
(ii) acts done for experimental purposes and
(iii) acts done for the purpose of breeding other varieties, and, except where the provisions of Article 14 (5) apply, acts referred to in Article 14 (1) to Article 14 (4) in respect of such other varieties.
(2) [Optional exception] Notwithstanding Article 14, each Contracting Party may, within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder, restrict the breeder’s right in relation to any variety 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 or a variety covered by Article 14 (5) a) (i) or Article 14 (5) a) (ii).
Article 16
Exhaustion of the Breeder’s Right
(1) [Exhaustion of right] The breeder’s right shall not extend to acts concerning any material of the protected variety, or of a variety covered by the provisions of Article 14 (5), which has been sold or otherwise marketed by the breeder or with his consent in the territory of the Contracting Party concerned, or any material derived from the said material, unless such acts
(i) involve further propagation of the variety in question or
(ii) involve an export of material of the variety, which enables the propagation of the variety, into a country which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported material is for final consumption purposes.
(2) [Meaning of „material”] For the purposes of paragraph (1), „material” means, in relation to a variety,
(i) propagating material of any kind,
(ii) harvested material, including entire plants and parts of plants, and
(iii) any product made directly from the harvested material.
(3) [„Territory” in certain cases] For the purposes of paragraph (1), all the Contracting Parties which are member States of one and the same intergovernmental organization may act jointly, where the regulations of that organization so require, to assimilate acts done on the territories of the States members of that organization to acts done on their own territories and, should they do so, shall notify the Secretary-General accordingly.
Article 17
Restrictions on the Exercise of the Breeder’s Right
(1) [Public interest] Except where expressly provided in this Convention, no Contracting Party may restrict the free exercise of a breeder’s right for reasons other than of public interest.
(2) [Equitable remuneration] When any such restriction has the effect of authorizing a third party to perform any act for which the breeder’s authorization is required, the Contracting Party concerned shall take all measures necessary to ensure that the breeder receives equitable remuneration.
Article 18
Measures Regulating Commerce
The breeder’s right shall be independent of any measure taken by a Contracting Party to regulate within its territory the production, certification and marketing of material of varieties or the importing or exporting of such material. In any case, such measures shall not affect the application of the provisions of this Convention.
Article 19
Duration of the Breeder’s Right
(1) [Period of protection] The breeder’s right shall be granted for a fixed period.
(2) [Minimum period] The said period shall not be shorter than 20 years from the date of the grant of the breeder’s right. For trees and vines, the said period shall not be shorter than 25 years from the said date.
Chapter VI
VARIETY DENOMINATION
Article 20
Variety Denomination
(1) [Designation of varieties by denominations; use of the denomination]
a) The variety shall be designated by a denomination which will be its generic designation.
b) Each Contracting Party shall ensure that, subject to paragraph (4), no rights in the designation registered as the denomination of the variety shall hamper the free use of the denomination in connection with the variety, even after the expiration of the breeder’s right.
(2) [Characteristics of the denomination] The denomination must enable the variety to be identified. It may not consist solely of figures except where this is an established practice for designating varieties. It must not be liable to mislead or to cause confusion concerning the characteristics, value or identity of the variety or the identity of the breeder. In particular, it must be different from every denomination which designates, in the territory of any Contracting Party, an existing variety of the same plant species or of a closely related species.
(3) [Registration of the denomination] The denomination of the variety shall be submitted by the breeder to the authority. If it is found that the denomination does not satisfy the requirements of paragraph (2), the authority shall refuse to register it and shall require the breeder to propose another denomination within a prescribed period. The denomination shall be registered by the authority at the same time as the breeder’s right is granted.
(4) [Prior rights of third persons] Prior rights of third persons shall not be affected. If, by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of paragraph (7), is obliged to use it, the authority shall require the breeder to submit another denomination for the variety.
(5) [Same denomination in all Contracting Parties] A variety must be submitted to all Contracting Parties under the same denomination. The authority of each Contracting Party shall register the denomination so submitted, unless it considers the denomination unsuitable within its territory. In the latter case, it shall require the breeder to submit another denomination.
(6) [Information among the authorities of Contracting Parties] The authority of a Contracting Party shall ensure that the authorities of all the other Contracting Parties are informed of matters concerning variety denominations, in particular the submission, registration and cancellation of denominations. Any authority may address its observations, if any, on the registration of a denomination to the authority which communicated that denomination.
(7) [Obligation to use the denomination] Any person who, within the territory of one of the Contracting Parties, offers for sale or markets propagating material of a variety protected within the said territory shall be obliged to use the denomination of that variety, even after the expiration of the breeder’s right in that variety, except where, in accordance with the provisions of paragraph (4), prior rights prevent such use.
(8) [Indications used in association with denominations When a variety is offered for sale or marketed, it shall be permitted to associate a trademark, trade name or other similar indication with a registered variety denomination. If such an indication is so associated, the denomination must nevertheless be easily recognizable.
Chapter VII
NULLITY AND CANCELLATION OF THE BREEDER’S RIGHT
Article 21
Nullity of the Breeder’s Right
(1) [Reasons of nullity] Each Contracting Party shall declare a breeder’s right granted by it null and void when it is established
(i) that the conditions laid down in Article 6 or Article 7 were not complied with at the time of the grant of the breeder’s right,
(ii) that, where the grant of the breeder’s right has been essentially based upon information and documents furnished by the breeder, the conditions laid down in Article 8 or Article 9 were not complied with at the time of the grant of the breeder’s right, or
(iii) that the breeder’s right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled.
(2) [Exclusion of other reasons] No breeder’s right shall be declared null and void for reasons other than those referred to in paragraph (1).
Article 22
Cancellation of the Breeder’s Right
(1) [Reasons for cancellation]
a) Each Contracting Party may cancel a breeder’s right granted by it if it is established that the conditions laid down in Article 8 or Article 9 are no longer fulfilled.
b) Furthermore, each Contracting Party may cancel a breeder’s right granted by it if, after being requested to do so and within a prescribed period,
(i) the breeder does not provide the authority with the information, documents or material deemed necessary for verifying the maintenance of the variety,
(ii) the breeder fails to pay such fees as may be payable to keep his right in force, or
(iii) the breeder does not propose, where the denomination of the variety is cancelled after the grant of the right, another suitable denomination.
(2) [Exclusion of other reasons] No breeder’s right shall be cancelled for reasons other than those referred to in paragraph (1).
Chapter VIII
THE UNION
Article 23
Members
The Contracting Parties shall be members of the Union.
Article 24
Legal Status and Seat
(1) [Legal personality] The Union has legal personality.
(2) [Legal capacity] The Union enjoys on the territory of each Contracting Party, in conformity with the laws applicable in the said territory, such legal capacity as may be necessary for the fulfillment of the objectives of the Union and for the exercise of its functions.
(3) [Seat] The seat of the Union and its permanent organs are at Geneva.
(4) [Headquarters agreement] The Union has a headquarters agreement with the Swiss Confederation.
Article 25
Organs
The permanent organs of the Union are the Council and the Office of the Union.
Article 26
The Council
(1) [Composition] The Council shall consist of the representatives of the members of the Union. Each member of the Union shall appoint one representative to the Council and one alternate. Representatives or alternates may be accompanied by assistants or advisers.
(2) [Officers] The Council shall elect a President and a first Vice-President from among its members. It may elect other Vice-Presidents. The first Vice-President shall take the place of the President if the latter is unable to officiate. The President shall hold office for three years.
(3) [Sessions] The Council shall meet upon convocation by its President. An ordinary session of the Council shall be held annually. In addition, the President may convene the Council at his discretion; he shall convene it, within a period of three months, if one-third of the members of the Union so request.
(4) [Observers] States not members of the Union may be invited as observers to meetings of the Council. Other observers, as well as experts, may also be invited to such meetings.
(5) [Tasks] The tasks of the Council shall be to:
(i) study appropriate measures to safeguard the interests and to encourage the development of the Union;
(ii) establish its rules of procedure;
(iii) appoint the Secretary-General and, if it finds it necessary, a Vice Secretary-General and determine the terms of appointment of each;
(iv) examine an annual report on the activities of the Union and lay down the programme for its future work;
(v) give to the Secretary-General all necessary directions for the accomplishment of the tasks of the Union;
(vi) establish the administrative and financial regulations of the Union;
(vii) examine and approve the budget of the Union and fix the contribution of each member of the Union;
(viii) examine and approve the accounts presented by the Secretary-General;
(ix) fix the date and place of the conferences referred to in Article 38 and take the measures necessary for their preparation; and
(x) in general, take all necessary decisions to ensure the efficient functioning of the Union.
(6) [Votes]
a) Each member of the Union that is a State shall have one vote in the Council.
b) Any Contracting Party that is an intergovernmental organization may, in matters within its competence, exercise the rights to vote of its member States that are members of the Union. Such an intergovernmental organization shall not exercise the rights to vote of its member States if its member States exercise their right to vote, and vice versa.
(7) [Majorities] Any decision of the Council shall require a simple majority of the votes cast, provided that any decision of the Council under paragraph (5) (ii), paragraph (5) (vi) and paragraph (5) (vii) and under Article 28 (3), Article 29 (5) b) and Article 38 (1) shall require three-fourths of the votes cast. Abstentions shall not be considered as votes.