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Plant Variety Rights Act 1987

Act No. 2 of 1987 as amended, taking into account amendments up to Act No. 134 of 1990
Registered 04 Dec 2009
Start Date 28 Dec 1990
End Date 10 Nov 1994
Date of repeal 10 Nov 1994
Repealed by Plant Breeder's Rights Act 1994

PLANT VARIETY RIGHTS ACT 1987 [Note: This Act is "repealed" by Act No. 110 of 1994]
(#DATE 31:10:1992)

- Reprinted as at 31 October 1992
*1* The Plant Variety Rights Act 1987 as shown in this reprint comprises Act No. 2, 1987 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application,
Number and of Assent commencement saving or
year transitional
provisions
Plant Variety Rights Act 1987
2, 1987 13 Mar 1987 1 May 1987
(see Gazette
1987, No. S69)
Primary Industries and Energy Legislation Amendment Act 1988
111, 1988 12 Dec 1988 S. 3: Royal Assent
(a) -
Primary Industries and Energy Legislation Amendment Act
(No. 2) 1989
15, 1990 17 Jan 1990 S. 3: Royal Assent
(b) -
Primary Industries and Energy Legislation Amendment Act 1990
134, 1990 28 Dec 1990 Part 7 (ss. 34-37):
1 Oct 1990
Remainder:
Royal Assent -
(a) The Plant Variety Rights Act 1987 was amended by
section 3 only of the Primary Industries and Energy
Legislation Amendment Act 1988, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act commences on the day
on which it receives the Royal Assent."
(b) The Plant Variety Rights Act 1987 was amended by
section 3 only of the Primary Industries and Energy
Legislation Amendment Act (No. 2) 1989, subsection 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act commences on the day
on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 111, 1988; No. 134,
1990
S. 12 am. No. 15, 1990
S. 13 am. No. 134, 1990
S. 17A ad. No. 134, 1990
S. 18 am. Nos. 15 and 134, 1990
Ss. 22, 23 am. No. 134, 1990
S. 28 am. No. 15, 1990
S. 38 am. No. 15, 1990
S. 40 am. No. 15, 1990
S. 46 rs. No. 111, 1988
S. 52 am. No. 134, 1990

PLANT VARIETY RIGHTS ACT 1987 - TABLE OF PROVISIONS

TABLE

Section
TABLE OF PROVISIONS
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act to bind Crown
5. Extent of Act
PART II - ADMINISTRATION
6. Registrar of Plant Variety Rights
7. Delegation
8. Certain persons not to acquire plant variety rights
9. Register of Plant Variety Rights
10. Genetic resources centres
11. Public notice
PART III - PLANT VARIETY RIGHTS
Division 1 - Preliminary
12. Plant variety rights
13. Plant variety rights not to be granted in relation to
certain Varieties
14. Plant variety rights not to be granted in respect of
varieties previously sold
Division 2 - Applications for Plant Variety Rights
15. Application for plant variety rights
16. Form of application
17. Names of new plant varieties
17A. Priority of certain breeders
18. Lodging of applications
19. Variation of application
20. Objections to grant of plant variety rights
21. Inspection of applications and objections
22. Provisional protection
23. Characteristics of plant varieties originated outside
Australia
24. Test growing of plant varieties
25. Withdrawal of application
Division 3 - Grant of Plant Variety Rights
26. Grant of plant variety rights
27. Entry of grant of plant variety rights
28. Notice of grant of plant variety rights
29. Effect of grant on certain persons
Division 4 - Miscellaneous
30. Nature of plant variety rights
31. Assignment of plant variety rights
32. Duration of plant variety rights
33. Supply of reproductive material etc.
34. Plant variety rights subject to conditions
35. Revocation of plant variety rights
36. Surrender of plant variety rights
37. Entry of particulars of revocation etc.
38. Plant variety rights not to restrict sales for
food, fibre, fuel etc.
39. Protection of public interest in new plant varieties
40. Infringement of plant variety rights
41. Actions for infringement of plant variety rights
42. Declaration as to non-infringement
43. Jurisdiction of Court
PART IV - PLANT VARIETY RIGHTS ADVISORY COMMITTEE
44. Establishment of Advisory Committee
45. Membership of Advisory Committee
46. Remuneration and allowances
47. Disclosure of interests
48. Meetings
PART V - MISCELLANEOUS
49. Inspection of Register
50. Agents may act in plant variety rights matters
51. Service of documents
52. Offences
53. Applications for review
54. Statement to accompany notice of decisions
55. Regulations
SCHEDULE
CONVENTION

PLANT VARIETY RIGHTS ACT 1987 - LONG TITLE

SECT

An Act to provide for the granting of proprietary
rights to persons originating certain new plant
varieties, and for related purposes

PLANT VARIETY RIGHTS ACT 1987 - PART I - PRELIMINARY
PART I - PRELIMINARY

PLANT VARIETY RIGHTS ACT 1987 - SECT 1
Short title

SECT

1. This Act may be cited as the Plant Variety Rights Act 1987.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

PLANT VARIETY RIGHTS ACT 1987 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a day to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

PLANT VARIETY RIGHTS ACT 1987 - SECT 3
Interpretation

SECT

3. (1) In this Act, unless the contrary intention appears:
"accepted", in relation to an application, means accepted by the Secretary under section 18;
"Advisory Committee" means the Plant Variety Rights Advisory Committee established by section 44;
"applicant", in relation to an application, means the person for the time being shown in the application as the person making the application;
"application" means an application under section 15 for plant variety rights in respect of a new plant variety to which this Act applies;
"breeder", in relation to a new plant variety, means:
(a) subject to paragraph (c), in the case of a variety originated by one person only - that person;
(b) subject to paragraph (c), in the case of a variety originated by 2 or more persons (whether jointly, independently at the same time, independently at different times or otherwise) - each of those persons; or
(c) in the case of a variety originated:
(i) by a person in the course of performing duties or
functions as a member or employee of a body (whether incorporate or unincorporate); or
(ii) by 2 or more persons in the course of performing duties
as members or employees of such a body;
the body of which that person is a member or employee, or of which those persons are members or employees, as the case may be;
"Convention" means the International Convention for the Protection of New Varieties of Plants, a copy of the English text of which is set out in the Schedule;
"Court" means the Federal Court of Australia;
"genetic resources centre" means:
(a) a place known as a Plant Genetic Resources Centre;
or (b) a place that is a genetic resources centre because of a declaration in force under subsection 10 (1);
"grantee", in relation to plant variety rights, means the person for the time being entered on the Register as the grantee of those rights;
"member" means a member of the Advisory Committee, and includes the Registrar;
"new plant variety" means a plant variety that:
(a) was originated by a person;
(b) is homogeneous having regard to the particular features of its sexual reproduction or vegetative propagation;
(c) is stable; and
(d) is distinguishable by one or more important morphological, physiological or other characteristics from all other plant varieties whose existence was a matter of common knowledge at the time when the application in respect of the variety was made;
"plant" does not include fungus, alga or bacterium;
"plant variety" includes cultivar, clone, hybrid and strain;
"plant variety rights" means the rights specified in section 12;
"Register" means the Register of Plant Variety Rights kept in pursuance of section 9;
"Registrar" means the Registrar of Plant Variety Rights;
"reproductive material", in relation to a plant, means:
(a) a seed of that plant;
(b) a cutting from that plant; or
(c) any other part, or product, of that plant, from which another plant can be produced;
"Secretary" means the Secretary to the Department;
"sell", in relation to a plant or reproductive material of a plant, includes let on hire and exchange by way of barter;
"successor", in relation to a breeder of a new plant variety, means a person to whom the right of the breeder to make an application for plant variety rights in respect of that plant variety has been assigned or transmitted;
"will" includes a codicil.

(2) For the purpose of this Act, a plant variety in respect of which an application has been made shall be taken to be stable if, and only if, plants of the variety remain true to the description of a plant of the variety given in the application:
(a) except where paragraph (b) applies - after repeated reproduction or propagation of plants of the variety; or
(b) where the application specifies a particular cycle of reproduction or multiplication - at the end of each of those cycles.

(3) For the purposes of this Act, where a plant variety is originated by the selective breeding of plants, the person who carried out that breeding shall be taken to have originated that variety.

(3A) For the purposes of this Act, a person who selects a plant variety from a plant population that the person has grown, being a plant variety that is distinguishable by one or more important morphological, physiological or other characteristics from all other plant varieties whose existence at the time is a matter of common knowledge, is taken to have originated that variety.

(4) For the purposes of this Act, where a plant variety is originated by a humanly induced genetic mutation, the person who induced that mutation shall be taken to have originated that variety.

(5) Where:
(a) a person carries on activities in relation to particular plants or particular reproductive material of plants in the hope that a plant variety derived from those plants or that material will originate by natural processes; and
(b) a plant variety so derived, or apparently so derived, originates by natural processes;
that person shall be taken to have originated the plant variety referred to in paragraph (b).

(6) A reference in this Act to a test growing of a plant variety is a reference to a test involving:
(a) the growing, or the production and growing, of plants, or of 2 or more generations of plants, of that variety at a place that is, and under conditions that are, appropriate for the growing of plants of that variety;
(b) the observation of the characteristics, and the condition, of the plants grown at the various stages in their growth; and
(c) the recording of those observations.

(7) Where, for the purposes of this Act, the Secretary or another person (including a court and the Administrative Appeals Tribunal) is required to be satisfied that a plant variety in respect of which an application has been made is a new plant variety, that person shall, for the purpose of deciding whether the person is so satisfied, assume:
(a) that all the plant varieties whose existence was a matter of common knowledge when the application was made were constituted by, and constituted only by, the plant varieties that were in existence at the time when the application was made; and
(b) that the only plant varieties that were in existence at the time when the application was made were the plant varieties of the existence of which at that time that person is aware after making such inquiries, and consulting such publications readily available in Australia, as that person considers appropriate.

PLANT VARIETY RIGHTS ACT 1987 - SECT 4
Act to bind Crown

SECT

4. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

(2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Northern Territory or of Norfolk Island liable to be prosecuted for an offence.

PLANT VARIETY RIGHTS ACT 1987 - SECT 5
Extent of Act

SECT

5. Nothing in this Act requires or permits the grant of plant variety rights in respect of a new plant variety unless:
(a) the origination of that new plant variety constituted an invention for the purposes of paragraph 51 (xviii) of the Constitution; or
(b) where Australia is a party to the Convention - the grant is appropriate to give effect to the obligations of Australia under the Convention.

PLANT VARIETY RIGHTS ACT 1987 - PART II
PART II - ADMINISTRATION

PLANT VARIETY RIGHTS ACT 1987 - SECT 6
Registrar of Plant Variety Rights

SECT

6. (1) There shall be a Registrar of Plant Variety Rights.

(2) The office of Registrar of Plant Variety Rights shall be an office in the Department.

(3) The Registrar has such functions and powers as are conferred on the Registrar by this Act or by the regulations or are delegated to the Registrar by the Secretary under section 7.

PLANT VARIETY RIGHTS ACT 1987 - SECT 7
Delegation

SECT

7. (1) The Secretary may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Secretary, delegate to the Registrar or to another officer of the Department all or any of the powers of the Secretary under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Secretary.

(3) A delegation under this section does not prevent the exercise of a power by the Secretary.

PLANT VARIETY RIGHTS ACT 1987 - SECT 8
Certain persons not to acquire plant variety rights

SECT

8. (1) The Secretary, the Registrar or a person who, during the preceding 12 months has held, or performed the duties of, the office of Secretary or Registrar of Plant Variety Rights shall not apply for plant variety rights or acquire, otherwise than by will or by operation of law, any such rights or an interest in any such rights.
Penalty: $2,000.

(2) A grant of plant variety rights applied for in contravention of subsection (1) or an acquisition of plant variety rights in contravention of that subsection is void.

PLANT VARIETY RIGHTS ACT 1987 - SECT 9
Register of Plant Variety Rights

SECT

9. (1) The Registrar shall keep, at a place approved by the Secretary, a register, to be known as the Register of Plant Variety Rights, in which shall be entered particulars required to be entered by this Act or the regulations.

(2) The Registrar shall cause a copy of, or copies of, the Register to be kept and maintained in each State or Territory (other than the State or Territory where the place at which the Register is required to be kept is located) at the principal office of the Department in that State or Territory and at such other place or places (if any) in that State or Territory as the Secretary may direct.

PLANT VARIETY RIGHTS ACT 1987 - SECT 10
Genetic resources centres

SECT

10. (1) The Secretary may, by writing signed by the Secretary, declare a specified place that, in the opinion of the Secretary, is suitable for the storage and maintenance of germ plasm material to be a genetic resources centre for the purposes of this Act.

(2) The person in charge of a genetic resources centre may do all things necessary or desirable to maintain the viability of the reproductive material of plants stored at that centre in accordance with section 33.

PLANT VARIETY RIGHTS ACT 1987 - SECT 11
Public notice

SECT

11. (1) In addition to giving public notice of matters of which the Secretary is required to give notice by this Act or by the regulations, the Secretary may give public notice of other matters relating to this Act where the Secretary considers it necessary or desirable to do so.

(2) Subject to subsections (3) and (5), where the Secretary is required or permitted to give public notice of a matter for the purposes of this Act, the Secretary shall do so by publishing notice in writing of the matter in the Gazette.

(3) Subject to subsection (4), where the Secretary considers that the volume of public notices of matters to be given for the purposes of this Act justifies the issue from time to time of a journal, to be called the Plant Varieties Journal, and the publication of notices of those matters in that journal instead of in the Gazette, the Secretary may issue that journal and, during the period in which the journal is being issued, shall give public notice of those matters by publishing notice in writing of them in that journal.

(4) The Secretary:
(a) shall not issue the Plant Varieties Journal unless and until he or she has given public notice of the intention to do so; and
(b) shall not cease to issue that journal unless and until he or she has given public notice of the intention to cease to issue the journal.

(5) Subject to subsection (6), where the Secretary considers that it is desirable to give public notices of matters for the purposes of this Act by publishing notice of those matters in a particular periodical other than the Gazette or the Plant Varieties Journal, the Secretary shall, unless it has become impossible to publish notice of those matters in that particular periodical, give public notice of those matters by publishing notice in writing of them in that particular periodical.

(6) The Secretary:
(a) shall not publish notices of matters in a particular periodical in accordance with subsection (5) unless and until he or she has given public notice of the intention to do so specifying the publication;
(b) where the Secretary wishes to discontinue publishing notices of matters in a particular periodical in accordance with subsection (5), the Secretary shall give public notice of his or her intention to so discontinue and, after giving that notice, shall so discontinue; and
(c) if it becomes impossible to publish notices of matters in accordance with subsection (5) in a particular journal because the journal has ceased publication or otherwise, the Secretary shall publish a notice in writing in the Gazette of the discontinuance of the publication of those notices in that publication.

PLANT VARIETY RIGHTS ACT 1987 - PART III
PART III - PLANT VARIETY RIGHTS

PLANT VARIETY RIGHTS ACT 1987 - DIVISION 1
Division 1 - Preliminary

PLANT VARIETY RIGHTS ACT 1987 - SECT 12
Plant variety rights

SECT

12. (1) Plant variety rights, in respect of a new plant variety, are:
(a) the exclusive right to sell, including the right to license other persons to sell, plants of that variety;
(b) the exclusive right to sell, including the right to license other persons to sell, reproductive material of plants of that variety;
(c) the exclusive right to produce, including the right to license other persons to produce, plants of that variety for sale;
(d) the exclusive right to produce, including the right to license other persons to produce, reproductive material of plants of that variety for sale; and
(e) if the plants of that variety are plants of a prescribed genus or prescribed species:
(i) the exclusive right to produce asexually, including the
right to license other persons to produce asexually, plants of that variety for the commercial production of the fruit, flowers, or any other product, of those plants; and
(ii) the exclusive right to produce asexually, including the
right to license other persons to produce asexually, reproductive material of plants of that variety for the commercial production of the fruit, flowers, or any other product, of those plants.

(2) Plant variety rights in respect of a plant variety are subject to conditions imposed in respect of those rights by section 33 or under section 34.

(3) Plant variety rights referred to in subparagraph (1) (e) (i) or (ii) are subject to the condition that the grantee of those rights in respect of a plant variety shall license a person:
(a) to produce asexually plants of that variety; or
(b) to produce asexually reproductive material of plants of that variety;
(as the case may be) unless the person refuses or fails to comply with any condition to which the licence may reasonably be, and is, subject.

PLANT VARIETY RIGHTS ACT 1987 - SECT 13
Plant variety rights not to be granted in relation to certain varieties

SECT

13. (1) Plant variety rights must not be granted in respect of a plant variety if the plants of that variety are plants of a genus or species declared by the regulations to be a genus or species to which this Act does not apply.

(2) The Governor-General shall not make a regulation declaring a genus or species to be a genus or species to which this Act does not apply unless the Governor-General has been informed by the Minister that the Minister has considered advice given by the Advisory Committee in relation to the desirability of the genus or species being declared to be a genus or species to which this Act does not apply.

(3) For the purposes of this section, a plant that is a hybrid derived from plants of different genera or species may be taken to be a plant of either of those genera or species.

PLANT VARIETY RIGHTS ACT 1987 - SECT 14
Plant variety rights not to be granted in respect of varieties previously
sold

SECT

14. Where an application is made for plant variety rights in respect of a plant variety, those rights shall not be granted if there has been a sale of a plant, or reproductive material of a plant, of that variety by, or with the consent of, the breeder or a breeder, or a successor of the breeder or of a breeder, of the variety, and:
(a) the sale took place in Australia before the making of the application; or
(b) the sale took place in another country earlier than 6 years before the making of the application.

PLANT VARIETY RIGHTS ACT 1987 - DIVISION 2
Division 2 - Applications for Plant Variety Rights

PLANT VARIETY RIGHTS ACT 1987 - SECT 15
Application for plant variety rights

SECT

15. (1) Subject to this Act, a breeder of a new plant variety may make an application to the Secretary for plant variety rights in respect of the variety.

(2) A breeder of a new plant variety has the right under subsection (1) to make an application for plant variety rights in respect of that variety whether or not the breeder is an Australian citizen, whether or not the breeder is resident in Australia and whether the breeder originated the variety in Australia or in another country.

(3) The right under subsection (1) of a breeder of a new plant variety to make an application for plant variety rights is personal property and is capable of assignment or of transmission by will or by operation of law (whether before or after the application has been made).

(4) An assignment of a right to make an application for plant variety rights does not have effect unless it is in writing signed by or on behalf of the assignor.

(5) Subject to subsection (6), where 2 or more persons are entitled to make applications for plant variety rights in respect of a new plant variety, whether by reason that they originated the variety jointly or independently or otherwise, those persons or some of those persons may make a joint application for those rights.

(6) Where 2 or more persons (in this subsection referred to as the "breeders") originate a new plant variety jointly, one of those breeders or a successor of one of those breeders shall not make an application for plant variety rights in respect of that variety otherwise than jointly with, or with the consent in writing of, the other person, or each other person, entitled to make an application for those rights.

PLANT VARIETY RIGHTS ACT 1987 - SECT 16
Form of application

SECT

16. An application for plant variety rights in respect of a plant variety shall be in writing in a form approved by the Secretary, shall be lodged with the Secretary in the prescribed manner and shall contain:
(a) the name of the person making the application;
(b) where the applicant is the breeder of the variety, a statement that the applicant is the breeder of the variety;
(c) where the applicant is not the breeder of the variety, the name and address of the breeder from whom the applicant derived the right to make an application and particulars of all relevant assignments and transmissions of the right to make the relevant application;
(d) a description, or a description and photograph, of a plant of the variety sufficient to identify plants of that variety;
(e) particulars of the characteristics that distinguish the variety from other varieties;
(f) particulars of the manner in which the variety was originated;
(g) the name of the variety;
(h) particulars of any application for, or approval of a grant of, rights of any kind in respect of the variety in any other country;
(j) particulars of any tests carried out to establish that the variety is homogeneous and stable (including particulars of any cycle of reproduction or multiplication for the purposes of paragraph 3 (2) (b));
(k) in the case of a plant variety originated outside Australia, particulars of any test growing of that variety carried out for the purpose of determining whether the variety will, if grown in Australia, have a particular characteristic;
(m) an address in Australia for the service of documents on the applicant for the purposes of this Act; and
(n) such other particulars (if any) as are prescribed.

PLANT VARIETY RIGHTS ACT 1987 - SECT 17
Names of new plant varieties

SECT

17. (1) The name of a new plant variety shall consist of a word or words (which may be an invented word or words) with or without the addition of:
(a) a letter or letters not constituting a word;
(b) a figure or figures; or
(c) both a letter or letters not constituting a word and a figure or figures.

(2) A new plant variety shall not have:
(a) a name the use of which would be likely to deceive or cause confusion, including a name that is the same as, or is likely to be mistaken for, the name of another plant variety;
(b) a name the use of which would be contrary to law;
(c) a name that comprises or contains scandalous or offensive matter; or
(d) a name, or name of a kind, that is, at the time when the application is made, prohibited by the regulations.

(3) The name of a new plant variety in respect of which an application is made shall comply with any recommendations of the International Code of Nomenclature for Cultivated Plants, as in force when the application is made, formulated and adopted by the International Commission for Nomenclature of Cultivated Plants of the International Union of Biological Sciences that are accepted by Australia.

(4) The name of a new plant variety in respect of which an application is made shall not consist of, or include:
(a) the name of a natural person living at the time of the application, other than a person who has given written consent to the name of the plant variety;
(b) the name of a natural person who died within the period of 10 years immediately preceding the application, other than a person who has given, or whose legal personal representative has given, written consent to the name of the plant variety; or
(c) the name of a corporation, organisation or institution, other than a corporation, organisation or institution that has given its written consent to the name of the plant variety.

PLANT VARIETY RIGHTS ACT 1987 - SECT 17A
Priority of certain breeders

SECT

17A. (1) A person who:
(a) is the breeder of a new plant variety; and
(b) in a member State of the Union (other than Australia) within the meaning of the Convention, makes an application (in this section called the "foreign application") for all or any plant variety rights in respect of that variety;
has priority for the purposes of this Act in respect of that variety during the period of 12 months commencing on the day after the day on which that application is made.

(2) If:
(a) during that period of 12 months the person makes an application to the Secretary for protection under this Act in respect of that plant variety accompanied by a claim for priority in respect of the foreign application; and
(b) during that period but within 3 months of making that application, the person lodges with the Secretary a copy of the documents that constituted the foreign application certified to be a true copy of those documents by the authority that received the foreign application;
the person has priority in respect of that plant variety during such additional period, commencing at the end of that period of 12 months, as is prescribed.

(3) If, during that additional period, the person provides the Secretary with such particulars in relation to the plant variety as would be required if the person were making an application under section 16, the person is taken to have made an application under this Act for plant variety rights in respect of that variety.

PLANT VARIETY RIGHTS ACT 1987 - SECT 18
Lodging of applications

SECT

18. (1) Where an application is lodged in respect of a new plant variety:
(a) if the Secretary is satisfied that:
(i) the application complies with the requirement of section
16; and
(ii) the name of the variety complies with section 17;
and
(iii) no other person has priority for the purposes of this
Act in respect of that variety;
the Secretary shall accept the application; or
(b) if the Secretary is not so satisfied - the Secretary shall reject the application.

(2) Where the Secretary accepts an application, the Secretary shall, within 30 days after accepting the application, give written notice to the applicant stating that the application has been accepted and, as soon as possible after notifying the applicant, give public notice of the acceptance of the application.

(3) Where the Secretary rejects an application, the Secretary shall, within 30 days after rejecting the application, give written notice to the applicant stating that the application has been rejected and setting out the grounds for the rejection.

PLANT VARIETY RIGHTS ACT 1987 - SECT 19
Variation of application

SECT

19. (1) Where, after an application has been accepted and before it is disposed of, the applicant requests the Secretary in writing to vary the application, the Secretary may, in his or her discretion, vary the application in accordance with the request.

(2) Where, after an application has been accepted and before it is disposed of, the right of the applicant to make the application is assigned or transmitted to another person, that person shall forthwith request the Secretary, in writing, to vary the application so that that person is shown as the person making the application and the Secretary, if he or she is satisfied that that right has been so assigned or transmitted, shall so vary the application.

(3) Where the Secretary complies with a request under subsection (1) or (2) to vary an application, the Secretary shall forthwith give written notice to the person who made the request stating that the application has been varied in accordance with the request.

(4) Where the Secretary rejects a request under subsection (1) or (2) to vary an application, the Secretary shall forthwith give written notice to the person who made the request stating that the request has been rejected and setting out the grounds for the rejection.

(5) Where the Secretary complies with a request under subsection (2) to vary an application so that a person who claims to have been assigned the right to make the application is shown as the person making the application, the Secretary shall forthwith give written notice of particulars of the variation to the person who was the applicant before the variation was made.

(6) Where the Secretary rejects a request under subsection (2) to vary an application so that a person who claims to have been assigned the right to make the application would be shown as the person making the application, the Secretary shall forthwith give written notice to the applicant:
(a) setting out particulars of the request;
(b) stating that the request has been rejected; and
(c) setting out the grounds for the rejection.

(7) Where an application is varied in pursuance of a request under subsection (1) in a manner that the Secretary considers to be significant, or is varied under subsection (2), the Secretary shall forthwith give public notice of particulars of the variation.

(8) A request by a person under subsection (2) shall give an address in Australia for the service of documents on the person for the purposes of this Act and:
(a) where the Secretary complies with the request and the address so given is different from the address contained in the application in accordance with paragraph 16 (m) - the Secretary shall vary the application so that the address so given is shown as the address for the service of documents on the applicant for the purposes of this Act; or
(b) where the Secretary rejects the request - the notice to that person under subsection (4) shall be given by being posted by pre-paid post as a letter addressed to the person at the address so given.

PLANT VARIETY RIGHTS ACT 1987 - SECT 20
Objections to grant of plant variety rights

SECT

20. (1) Where public notice of an application for plant variety rights in respect of a plant variety or of the variation of such an application is given, any person who considers:
(a) that the commercial interests of the person would be affected by the grant of those rights to the applicant; and
(b) that the Secretary cannot be satisfied, in relation to that variety, of a matter referred to in paragraph 26 (1) (a) (other than a matter referred to in subparagraph 26 (1) (a) (viii));
may, within 6 months after the giving of public notice of the application or any further time before the application is disposed of that is allowed by the Registrar, lodge with the Registrar written objection to the grant of those rights setting out particulars of the manner in which the person considers that the interests of the person would be affected and of the reasons why the person considers that the Secretary cannot be satisfied of that matter.

(2) Where an objection to the grant of plant variety rights is lodged under subsection (1), the Registrar shall cause a copy of that objection to be given to the applicant for those rights.

PLANT VARIETY RIGHTS ACT 1987 - SECT 21
Inspection of applications and objections

SECT

21. A person may inspect an application, or an objection lodged under subsection 20 (1), at any reasonable time and is entitled, upon payment of such fee (if any) as is prescribed, to be given a copy of the application or of the objection.

PLANT VARIETY RIGHTS ACT 1987 - SECT 22
Provisional protection

SECT

22. (1) Where an application for plant variety rights in respect of a plant variety has been accepted, the applicant shall, for the purpose of sections 40 and 41, be deemed to be the grantee of plant variety rights in respect of that plant variety during the period commencing on the acceptance of the application and ending:
(a) when the application is disposed of; or
(b) if the Secretary has given the applicant a notice under subsection (2) - at the expiration of the prescribed period after the notice is given;
whichever occurs first.

(2) Subject to subsection (3), where the Secretary is satisfied, in relation to an application for plant variety rights in respect of a plant variety, that:
(a) plant variety rights will not be granted, or are unlikely to be granted, to the applicant in respect of that plant variety:
(i) scientific purposes;
(ii) the purpose of creating a stock of plants, or
reproductive material of plants, of that variety for supply to the applicant; or
(iii) another prescribed purpose; or
(c) the applicant has given an undertaking to a person, whether or not for consideration, not to institute proceedings for the infringement of the rights of which the applicant is deemed to be the grantee by virtue of subsection (1);
the Secretary may give the applicant notice, in writing, that this section shall cease to apply to that variety.

(3) The Secretary shall not give notice under subsection (2) in relation to an application unless and until the Secretary has given the applicant particulars of the grounds for the proposed notice and a reasonable opportunity to make a written submission to the Secretary in relation to the proposed notice.

(4) Where a person ceases to be deemed to be the grantee of plant variety rights by virtue of a notice under subsection (2), the Secretary shall give public notice that the person has ceased to be so deemed.

(5) For the purposes of paragraph (1) (b), the prescribed period is the period commencing on the day on which the notice referred to in that paragraph is given and ending:
(a) subject to paragraph (b), at the expiration of the period within which an application may be made to the Administrative Appeals Tribunal for a review of the giving of the notice; or
(b) if such an application is made to the Administrative Appeals Tribunal - at the time at which the application is withdrawn or finally determined, whether by the Tribunal or by a court.

(6) Nothing in this section shall be taken to affect the powers of the Federal Court under subsection 44A (2) of the Administrative Appeals Tribunal Act 1975 where an appeal is instituted in that court from a decision of the Administrative Appeals Tribunal in respect of an application referred to in paragraph (5) (b).

(7) A person who is deemed by subsection (1) to be the grantee of plant variety rights in respect of a plant variety is not entitled to institute an action or proceeding for an infringement of those rights occurring during the period in respect of which the person is deemed by that subsection to be the grantee of those rights unless and until plant variety rights in respect of that plant variety are granted to the person under section 26.

PLANT VARIETY RIGHTS ACT 1987 - SECT 23
Characteristics of plant varieties originated outside Australia

SECT

23. For the purposes of this Act, where a plant variety in respect of which an application has been accepted was originated outside Australia, the variety shall not be taken to have a particular characteristic unless:
(a) a test growing of the variety carried out in Australia has demonstrated that the variety has that characteristic; or
(aa) a test growing of the variety carried out at a place outside Australia has demonstrated that the variety has that characteristic and Australia is required, under an agreement between Australia and the country in which the test growing was carried out, to accept that the variety has that characteristic; or
(b) the Secretary is satisfied that:
(i) a test growing of the variety carried out at a place
outside Australia has demonstrated that the variety has that characteristic; and
(ii) the test growing of the variety carried out at that place
is equivalent to a test growing of the variety carried out in Australia; or
(c) the Secretary is satisfied that:
(i) a test growing of the variety carried out at a place
outside Australia has demonstrated that the variety has that characteristic;
(ii) any test growing of the variety carried out in Australia
would probably demonstrate that the variety has that characteristic; and
(iii) if a test growing of the variety in Australia that would
be sufficient to demonstrate whether the variety has that characteristic were to be carried out, the test growing would take longer than 2 years.

PLANT VARIETY RIGHTS ACT 1987 - SECT 24
Test growing of plant varieties

SECT

24. (1) Where, in dealing with an application in respect of a plant variety, the Secretary considers it necessary that there should be a test growing, or a further test growing, of the variety:
(a) for the purpose of determining whether the plant variety is homogeneous or stable; or
(b) for the purpose of determining whether the variety will, if grown in Australia, have a particular characteristic;
the Secretary shall give written notice to the applicant:
(c) stating that the Secretary considers that a test growing, or a further test growing, as the case may be, of the variety is necessary;
(d) specifying the purpose of the test growing; and
(e) requiring the applicant:
(i) to supply the Secretary with sufficient plants, or
sufficient reproductive material of plants, of the variety, as the case requires, and with any necessary information, to enable the variety to be test grown for the purpose so specified; or
(ii) to have the variety test grown for the purpose so
specified and to give the Secretary a copy of the records of observations made during the test growing;
whichever the Secretary deems appropriate;
and, if the notice contains the requirement referred to in subparagraph (e) (i) and the applicant complies with the requirement, the Secretary shall arrange to have the variety test grown.

(2) After the completion of the test growing of a plant variety arranged by the Secretary, any plants or reproductive material of plants used in, or resulting from, the test growing which are or is capable of being transported shall be delivered to the applicant for plant variety rights in respect of that plant variety.

PLANT VARIETY RIGHTS ACT 1987 - SECT 25
Withdrawal of application

SECT

25. (1) An application may be withdrawn by the applicant.

(2) Where an application is withdrawn after public notice of the application has been given, the Secretary shall forthwith give public notice of that withdrawal.

PLANT VARIETY RIGHTS ACT 1987 - DIVISION 3
Division 3 - Grant of Plant Variety Rights

PLANT VARIETY RIGHTS ACT 1987 - SECT 26
Grant of plant variety rights

SECT

26. (1) Subject to this section, where an application for plant variety rights in respect of a plant variety is accepted:
(a) if the Secretary is satisfied that:
(i) there is such a plant variety;
(ii) the plant variety is a new plant variety;
(iii) the applicant is entitled to make the application;
(iv) the grant of those rights to the applicant is not
prohibited by this Act;
(v) those rights have not been granted to another person;
(vi) there has been no earlier application for those rights
that has not been withdrawn or otherwise disposed of;
(vii) the name of the variety would comply with section 17;
and
(viii) all fees payable under this Act in relation to the
application and the grant have been paid;
the Secretary shall grant those rights to the applicant; or
(b) if the Secretary is not so satisfied - the Secretary shall refuse to grant those rights to the applicant.

(2) The Secretary shall not grant, or refuse to grant, plant variety rights in respect of a plant variety unless a period of at least 6 months has elapsed since the giving of public notice of the application, or, if the application has been varied in pursuance of a request under subsection 19 (1) in a manner that the Secretary considers to be significant, a period of 6 months has elapsed since the giving of public notice of particulars of the variation, or of the last such variation, as the case requires.

(3) The Secretary shall not refuse to grant plant variety rights unless the Secretary has given the applicant for the rights a reasonable opportunity to make a written submission to the Secretary in relation to the application.

(4) Where an objection to the grant of plant variety rights has been lodged under section 20, the Secretary shall not grant the rights unless the Secretary has given the person who lodged the objection a reasonable opportunity to make a written submission to the Secretary in relation to the objection.

(5) Plant variety rights shall be granted to a person by the issue to that person by the Secretary of a certificate, signed by the Secretary or by the Registrar, in a form approved by the Secretary and containing such particulars of the plant variety to which the rights relate as the Secretary considers appropriate.

(6) Where plant variety rights are granted to persons who made a joint application for those rights, those rights shall be granted to those persons jointly.

(7) Where the Secretary refuses to grant plant variety rights in respect of a plant variety, the Secretary shall, within 30 days after refusing, give written notice of the refusal to the applicant for the rights setting out the grounds for the refusal.

PLANT VARIETY RIGHTS ACT 1987 - SECT 27
Entry of grant of plant variety rights

SECT

27. When the Secretary grants plant variety rights in respect of a plant variety, the Registrar shall enter in the Register:
(a) a description, or a description and photograph, of a plant of that variety;
(b) the name of the variety;
(c) the name of the grantee;
(d) the name and address of the breeder;
(e) the address for the service of documents on the grantee for the purposes of this Act which is shown on the application for the rights;
(f) the day on which the rights were granted; and
(g) such other particulars relating to the grant as the Secretary considers appropriate.

PLANT VARIETY RIGHTS ACT 1987 - SECT 28
Notice of grant of plant variety rights

SECT

28. Where the Secretary grants plant variety rights, the Secretary shall, as soon as possible after granting those rights, give public notice of the grant.

PLANT VARIETY RIGHTS ACT 1987 - SECT 29
Effect of grant on certain persons

SECT

29. (1) Where plant variety rights in respect of a plant variety are granted to a person, another person who was entitled to make an application for those rights (whether or not a person who orginated that variety independently of the breeder), or the successor of such another person, is not entitled to any interest in those rights because of the entitlement to make the application or because of the grounds of the entitlement, but nothing in this subsection prevents a person from applying to the Secretary for the revocation of those rights or from instituting proceedings before a court or the Administrative Appeals Tribunal in respect of those rights.

(2) Where:
(a) plant variety rights in respect of a new plant variety are granted to a person; and
(b) another person (in this subsection referred to as the "eligible person") was entitled, at law or in equity, to have the right to make an application for those plant variety rights assigned to the eligible person;
then the eligible person is entitled to have those plant variety rights assigned to the eligible person.

PLANT VARIETY RIGHTS ACT 1987 - DIVISION 4
Division 4 - Miscellaneous

PLANT VARIETY RIGHTS ACT 1987 - SECT 30
Nature of plant variety rights

SECT

30. (1) Plant variety rights are personal property and, subject to any conditions imposed under section 34, are capable of assignment or of transmission by will or by operation of law.

(2) An assignment of plant variety rights (otherwise than because of the order of a court) does not have effect unless it is in writing signed by or on behalf of the assignor.

(3) Where the grantee of plant variety rights gives another person a licence in respect of those rights, the licence binds every successor in title to the interest of the grantee in those rights to the same extent as it was binding on the grantee of those rights.

PLANT VARIETY RIGHTS ACT 1987 - SECT 31
Assignment of plant variety rights

SECT

31. (1) Where plant variety rights are assigned or transmitted to a person, the person shall, within 7 days after acquiring those rights, inform the Registrar in writing that the person has acquired those rights, giving particulars of the manner in which those rights were acquired, and the Registrar, if satisfied that the rights have been so assigned or transmitted, shall amend the Register and enter the name of that person on the Register as the grantee of those rights.

(2) Where, in accordance with subsection (1), the Registrar enters on the Register as the grantee of plant variety rights the name of a person who claims to have acquired those rights, the Registrar shall, within 7 days after entering the name on the Register, give written notice to that person and to the person who was the grantee before the entry was made stating that the entry has been made.

(3) Where the Registrar is not satisfied that plant variety rights have been assigned or transmitted to a person (in this subsection referred to as the "claimant") who has informed the Registrar in accordance with subsection (1) that those rights have been assigned or transmitted to the claimant, the Registrar shall forthwith:
(a) give written notice to the claimant:
(i) stating that the Registrar is not so satisfied; and
(ii) setting out the grounds on which the Registrar is not so
satisfied; and
(b) give written notice to the grantee of those rights:
(i) setting out particulars of the information given by the
claimant;
(ii) stating that the Registrar is not so satisfied;
and
(iii) setting out the grounds on which the Registrar is not so
satisfied.

(4) A person who informs the Registrar in accordance with subsection (1) that plant variety rights have been assigned or transmitted to the person shall give written notice to the Registrar of an address in Australia for the service of documents on him or her in accordance with this Act and:
(a) where the Registrar enters the name of that person on the Register in accordance with subsection (1) and that address is different from the address entered in the Register in accordance with paragraph 27 (e) - the Registrar shall amend the Register so that the address so given is entered in the Register as the address for service of documents on the grantee for the purposes of this Act; or
(b) where the Registrar is not satisfied that those rights have been assigned or transmitted to that person - the notice to that person under paragraph (3) (a) shall be given by being posted by pre-paid post as a letter addressed to the person at that address.

PLANT VARIETY RIGHTS ACT 1987 - SECT 32
Duration of plant variety rights

SECT

32. Subject to this Act, plant variety rights in respect of a plant variety subsist for a period of 20 years commencing on the day on which the successful application for plant variety rights in respect of the plant variety was accepted.

PLANT VARIETY RIGHTS ACT 1987 - SECT 33
Supply of reproductive material etc.

SECT

33. (1) Plant variety rights in respect of a plant variety are subject to the condition that the grantee of the rights shall comply with any notice given to the grantee by the Secretary under subsection (2) or (8).

(2) Where plant variety rights are granted in respect of a plant variety, the Secretary may give the grantee of the rights written notice requiring the grantee, within 14 days of the giving of the notice or any further time that is allowed by the Secretary, to cause a specified quantity of reproductive material of plants of that variety to be delivered, at the expense of the grantee, to a specified genetic resources centre.

(3) The quantity of reproductive material of plants of a variety specified in a notice under subsection (2) shall be the quantity that the Secretary considers would be sufficient to enable that variety to be kept in existence if there were no other reproductive material of plants of that variety.

(4) Where the reproductive material of plants is delivered to a genetic resources centre in accordance with the condition imposed on plant variety rights by subsection (1), the Secretary shall, subject to subsection (6), cause that material to be stored at a genetic resources centre.

(5) The delivery and storing of the reproductive material of plants in accordance with this section does not affect the ownership of the material but that material shall not be dealt with otherwise than for the purposes of this Act.

(6) The reproductive material of plant stored at a genetic resources centre may be used by the Secretary for the purposes of this Act, including the purposes of section 39.

(7) Without limiting subsections (5) and (6), where, in accordance with this section, the reproductive material of plants is stored at a genetic resources centre that is a place known as a National Plant Genetic Resources Centre, the material shall not form part of the collection known as the national gene bank collection and shall not be used for the purposes of that collection.

(8) Where plant variety rights are granted in respect of a plant variety, the Secretary may give the grantee of the rights written notice requiring the grantee, within 14 days of the giving of the notice or any further time that is allowed by the Secretary, to cause to be delivered to the Secretary a specimen of a plant of the variety suitable for deposition by the Secretary in a herbarium.

(9) Where a specimen of a plant is delivered in accordance with the condition imposed on plant variety rights by subsection (1), the Secretary shall cause the specimen to be deposited in a herbarium.

PLANT VARIETY RIGHTS ACT 1987 - SECT 34
Plant variety rights subject to conditions

SECT

34. (1) Where the Minister considers it necessary, in the public interest, that plant variety rights in respect of a new plant variety should be subject to conditions restricting the assignment of those rights, to conditions requiring, or relating to, the licensing of persons to sell, or produce for sale, plants, or reproductive material of plants, of that variety or to other conditions, the Minister may, at the time when those rights are granted or at any time while those rights subsist, by instrument under his or her hand, impose those conditions.

(2) Where the Minister imposes conditions on plant variety rights under subsection (1):
(a) the Secretary shall give to the grantee a copy of the instrument setting out those conditions;
(b) the Secretary shall give public notice of those conditions; and
(c) the Registrar shall enter particulars of those conditions in the Register.

PLANT VARIETY RIGHTS ACT 1987 - SECT 35
Revocation of plant variety rights

SECT

35. (1) The Secretary shall revoke the plant variety rights in respect of a plant variety if:
(a) the Secretary becomes satisfied that the plant variety was not a new plant variety or that facts exist which, if known before the grant of those rights, would have resulted in the refusal of the grant; or
(b) the grantee has failed to pay a prescribed fee payable in respect of those rights within one month after having been given notice, as prescribed, that that fee has become payable.

(2) The Secretary may revoke the plant variety rights in respect of a plant variety if the Secretary is satisfied that:
(a) the grantee has failed to comply, in relation to those rights, with the condition imposed by section 33 or with any condition imposed under section 34; or
(b) a person to whom those rights have been assigned or transmitted has failed to comply with section 31.

(3) Where the Secretary revokes plant variety rights in respect of a plant variety in accordance with this section, the Secretary shall, within 7 days after the decision was taken, give written notice of the revocation to the grantee setting out the grounds for the revocation.

(4) The Secretary shall not revoke plant variety rights in accordance with this section unless and until the Secretary has given the grantee and any person to whom, the Secretary believes, those rights have been assigned or transmitted particulars of the grounds for the proposed revocation and given the grantee and any such person a reasonable opportunity to make a written submission to the Secretary in relation to the proposed revocation.

(5) The revocation of plant variety rights in respect of a plant variety in accordance with this section takes effect:
(a) subject to paragraph (b), at the expiration of the period within which an application may be made to the Administrative Appeals Tribunal for a review of the revocation; or
(b) if such an application is made to the Administrative Appeals Tribunal - at the time when the application is withdrawn or finally determined, whether by the Tribunal or by a court.

(6) Nothing in this section shall be taken to affect the powers of the Federal Court under subsection 44A (2) of the Administrative Appeals Tribunal Act 1975 where an appeal is instituted in that court from a decision of the Administrative Appeals Tribunal in respect of an application referred to in paragraph (5) (b).

(7) Any person whose interests are affected by the grant of plant variety rights in respect of a plant variety may apply to the Secretary for the revocation of those rights in accordance with this section.

(8) The Secretary shall consider any application made under subsection (7) for the revocation of plant variety rights and, if the Secretary decides not to revoke the rights, the Secretary shall, within 7 days after the decision was taken, give written notice of the decision to the applicant setting out the grounds for the decision.

PLANT VARIETY RIGHTS ACT 1987 - SECT 36
Surrender of plant variety rights

SECT

36. (1) Subject to subsection (2), a grantee of plant variety rights may at any time, by giving notice to the Registrar, offer to surrender those rights, and the Registrar, after giving public notice of the offer and giving all parties interested an opportunity to make a written submission to the Registrar in relation to the offer, may, if the Registrar thinks fit, accept the offer and revoke those rights.

(2) Where an action or proceeding under section 41 or 42 in respect of plant variety rights is pending in a court, the Registrar shall not accept an offer for the surrender of, or revoke, those rights, except by leave of the court or by consent of the parties to the action or proceeding.

PLANT VARIETY RIGHTS ACT 1987 - SECT 37
Entry of particulars of revocation etc.

SECT

37. Where:
(a) the revocation of plant variety rights in respect of a plant variety in accordance with section 35 takes effect;
(b) plant variety rights are revoked in accordance with section 36; or
(c) the Registrar is served with an office copy of an order of a court given under subsection 41 (3) revoking plant variety rights;
then:
(d) the Registrar shall enter particulars of the revocation in the Register; and
(e) the Secretary shall give public notice of the revocation.

PLANT VARIETY RIGHTS ACT 1987 - SECT 38
Plant variety rights not to restrict sales for food, fibre, fuel etc.

SECT

38. (1) Notwithstanding that plant variety rights subsist in respect of a plant variety, any person may:
(a) propagate, grow and use plants of that variety for purposes other than commercial purposes;
(b) sell plants of that variety for use as food or for another use that does not involve the growing of the plants or the production of plants of that variety;
(c) sell reproductive material of plants of that variety for use as food or for another use that does not involve the production of plants of that variety;
(d) sell with a farm or other place at which plants of that variety are grown any plants or reproductive material of plants of that variety at that place; or
(e) use, and do anything necessary or desirable for the purpose of using, plants or reproductive material of plants of the variety as an initial source of variation for the purpose of originating another new plant variety except where the person makes repeated use of plants or reproductive material of plants of the first-mentioned variety for the commercial production of the other variety.

(1A) In paragraph (1) (a), "commercial purpose", in relation to plants of a plant variety in respect of which plant variety rights referred to in subparagraph 12 (1) (e) (i) or (ii) subsist, includes the commercial production of the fruit, flowers, or any other product, of those plants.

(2) The right of a person under paragraph (1) (b) to sell plants of a plant variety in respect of which plant variety rights subsist includes:
(a) the right of the person to use plants, or reproductive material of plants, of that variety purchased or otherwise acquired by the person without any infringement of those plant variety rights to:
(i) produce, otherwise than by asexual means, plants for the
sale; or
(ii) produce plants, or reproductive material of plants, from
which plants for the sale may be derived otherwise than by asexual means; and
(b) the right of the person to use plants, or reproductive material of plants derived by the person from plants, or reproductive material of plants, of that variety, purchased or otherwise acquired by the person without any infringement of those plant variety rights to:
(i) produce, otherwise than by asexual means, plants for the
sale; or
(ii) produce plants, or reproductive material of plants, from
which plants for the sale may be derived otherwise than by asexual means.

(3) The right of a person under paragraph (1) (c) to sell reproductive material of plants of a plant variety in respect of which plant variety rights subsist includes:
(a) the right of the person to use plants, or reproductive material of plants, of that variety purchased or otherwise acquired by the person without any infringement of those plant variety rights to:
(i) produce, otherwise than by asexual means, reproductive
material of plants for the sale; or
(ii) produce plants, or reproductive material of plants, from
which reproductive material of plants for the sale may be derived otherwise than by asexual means; and
(b) the right of the person to use plants, or reproductive material of plants derived by the person from plants, or reproductive material of plants, of that variety, purchased or otherwise acquired by the person without any infringement of those plant variety rights to:
(i) produce, otherwise than by asexual means, reproductive
material of plants for the sale; or
(ii) produce plants, or reproductive material of plants, from
which reproductive material of plants for the sale may be derived otherwise than by asexual means.

(4) Without limiting the generality of paragraph (1) (c), for the purposes of that paragraph, the use of reproductive material of a plant by way of allowing it to sprout and then eating it, or using it in the preparation of food, before it has developed further shall not be taken to be a use that involves the production of a plant.

PLANT VARIETY RIGHTS ACT 1987 - SECT 39
Protection of public interest in new plant varieties

SECT

39. (1) For the purposes of this Act, the reasonable requirements of the public with respect to a plant variety in respect of which plant variety rights subsist shall be deemed to be satisfied if:
(a) where there is no demand or no significant demand for plants of that variety but there is a demand or a significant demand for reproductive material of plants of that variety - reproductive material of plants of that variety of reasonable quality is available for sale to the public at reasonable prices, or as gifts to the public, in sufficient quantities to meet demand; or
(b) in any other case - plants, or reproductive material of plants, of that variety of reasonable quality are available for sale to the public at reasonable prices, or as gifts to the public, in sufficient quantities to meet demand.

(2) The grantee of plant variety rights in respect of a plant variety shall, subject to any conditions imposed under section 34, take all reasonable steps to ensure that the reasonable requirements of the public with respect to that plant variety are satisfied.

(3) For the purpose of ensuring that the reasonable requirements of the public with respect to a plant variety in respect of which plant variety rights subsist are satisfied, the Secretary, in accordance with subsections (4) to (10), inclusive, may, on behalf of the grantee of those rights:
(a) license a person or persons whom the Secretary considers appropriate to sell plants of that variety;
(b) license a person or persons whom the Secretary considers appropriate to sell reproductive material of plants of that variety;
(c) license a person or persons whom the Secretary considers appropriate to produce plants of that variety for sale; or
(d) license a person or persons whom the Secretary considers appropriate to produce reproductive material of plants of that variety for sale;
during such period as the Secretary considers appropriate.

(4) Where, at any time later than 2 years after the grant of plant variety rights in respect of a plant variety, a person considers that the grantee of those rights is failing to comply with subsection (2) in relation to that variety and that the failure affects the interests of that person, that person may, in writing, request the Secretary to exercise a relevant power or powers under subsection (3) in relation to that variety.

(5) A request by a person under subsection (4) in relation to a plant variety shall:
(a) set out the reasons why that person considers that the grantee of plant variety rights in respect of that variety is failing to comply with subsection (2);
(b) give particulars of the way in which the person considers that the failure affects the interests of the person; and
(c) give an address for the purpose of a notice to the person under subsection (7).

(6) Where a request under subsection (4) is made to the Secretary in relation to a plant variety, the Secretary shall give the grantee of plant variety rights in respect of that variety:
(a) a copy of the request; and
(b) a written invitation to furnish to the Secretary, within one month after the day on which the invitation is given, a written statement setting out reasons why the Secretary should be satisfied that the grantee:
(i) is complying with subsection (2) in relation to that
variety; or
(ii) will so comply within a reasonable time.

(7) Where a request is made to the Secretary under subsection (4) to exercise a power or powers under subsection (3) in relation to a plant variety, the Secretary shall, after considering the request and any statement furnished by the grantee of plant variety rights in respect of that variety in response to the invitation under paragraph (6) (b), decide whether or not to exercise the power or powers concerned and shall, within 30 days after the decision was taken:
(a) give written notice of his or her decision to the grantee of plant variety rights in respect of that plant variety setting out the grounds for the decision; and
(b) cause written notice of his or her decision to be posted by pre-paid post as a letter addressed to the person who made the request at the address given by that person in accordance with paragraph (5) (c) setting out the grounds for the decision.

(8) Where the Secretary proposes to exercise a power under subsection (3) in relation to a plant variety, the Secretary shall give public notice:
(a) identifying the variety;
(b) setting out particulars of the thing or things that the Secretary proposes to license persons to do and of the periods for which the Secretary proposes to license them; and
(c) inviting persons to apply in writing to the Secretary, within one month after the giving of public notice, to be licensed to do that thing, or to do any of those things, as the case requires, in relation to that variety;
and the Secretary shall not exercise that power without considering all applications in response to the invitation.

(9) The Secretary shall not license a person under subsection (3) in relation to a plant variety unless, at least one month before so doing, the Secretary:
(a) gave written notice to each person who applied to be licensed in response to the relevant invitation given under subsection (8); and
(b) gave public notice;
of the name or names of the person or persons whom the Secretary proposes to license.

(10) A licence granted to a person by the Secretary under subsection (3) on behalf of the grantee of plant variety rights in respect of a plant variety shall be granted on such terms and conditions as the Secretary determines, being terms and conditions that the Secretary considers would be the terms and conditions of the licence if it were being granted by the grantee in the normal course of business.

(11) Where:
(a) a licence has been granted to a person under subsection (3) to produce plants, or reproductive material of plants, of a plant variety; and
(b) the Secretary is satisfied that, unless the powers of the Secretary under this subsection are exercised, that person will be unable to obtain reproductive material of plants of that variety at a reasonable price or without charge;
the Secretary may, on behalf of the grantee of those rights, make available to that person reproductive material of plants of that variety stored at a genetic resources centre under subsection 33 (4).

PLANT VARIETY RIGHTS ACT 1987 - SECT 40
Infringement of plant variety rights

SECT

40. Subject to sections 38 and 39, the plant variety rights of a grantee in respect of a plant variety are infringed by:
(a) a person who, not being licensed by the grantee to sell plants of that variety, sells, or holds himself, herself or itself out as being willing to sell, plants of that variety;
(b) a person who, not being licensed by the grantee to sell reproductive material of plants of that variety, sells, or holds himself, herself or itself out as being willing to sell, reproductive material of plants of that variety;
(c) a person who, not being licensed by the grantee to produce plants of that variety for sale, produces plants of that variety for sale;
(d) a person who, not being licensed by the grantee to produce reproductive material of plants of that variety for sale, produces reproductive material of plants of that variety for sale;
(da) a person who, not being licensed by the grantee to produce asexually plants of that variety for the commercial production of the fruit, flowers, or any other product, of those plants, so produces plants of that variety for the commercial production of such fruit, flowers or other product;
(db) a person who, not being licensed by the grantee to produce asexually reproductive material of plants of that variety for the commercial production of the fruit, flowers, or any other product, of those plants, so produces reproductive material of plants of that variety for the commercial production of such fruit, flowers or other product;
(e) a person who, being a person to whom a licence has been granted in respect of that plant variety, does not comply with a term or condition of the licence; or
(f) a person who uses the name of that plant variety, being the name entered in the Register, in relation to any other plant variety or in relation to any plant other than a plant of the first-mentioned variety.

PLANT VARIETY RIGHTS ACT 1987 - SECT 41
Actions for infringement of plant variety rights

SECT

41. (1) An action or proceeding for an infringement of plant variety rights may be instituted in the Court.

(2) A defendant in an action or proceeding for an infringement of plant variety rights in respect of a plant variety may apply by way of counter-claim in the action or proceeding for the revocation of the plant variety rights:
(a) on the ground that the plant variety was not a new plant variety; or
(b) on the ground that facts exist which, if known to the Secretary before the grant of those rights, would have resulted in the refusal of the grant.

(3) If, in an action or proceeding for an infringement of plant variety rights in respect of a plant variety in which a defendant has applied by way of counter-claim for the revocation of those rights on a ground referred to in paragraph (2) (a) or (b), the court is satisfied that the ground exists, the court may revoke those rights.

(4) Where, in an action or proceeding for an infringement of plant variety rights, the court, on an application by the defendant by way of counter-claim, revokes the plant variety rights, the court shall order the defendant to serve on the Registrar an office copy of the order revoking the plant variety rights.

PLANT VARIETY RIGHTS ACT 1987 - SECT 42
Declaration as to non-infringement

SECT

42. (1) A person who desires to sell a plant or reproductive material of a plant, or to produce a plant or reproductive material of a plant for sale, may, by action in the Court against the grantee of plant variety rights in respect of a new plant variety, claim a declaration that the sale or production of the plant or reproductive material, as the case requires, would not constitute an infringement of those plant variety rights and may do so although no assertion of the infringement has been made by the grantee of the plant variety rights.

(2) The Court shall not make a declaration sought in an action under subsection (1) in relation to a plant or reproductive material of a plant unless:
(a) the plaintiff:
(i) has applied in writing to the defendant for an admission
in writing to the effect of the declaration sought;
(ii) has furnished the defendant with full particulars in
writing of the plant or reproductive material, as the case may be; and
(iii) has undertaken to pay a reasonable sum for the expenses
of the defendant in obtaining advice in respect of the declaration sought; and
(b) the defendant has refused or failed to make such an admission.

(3) The costs of all parties in proceedings for a declaration under this section shall, unless the prescribed court otherwise orders, be paid by the person seeking the declaration.

(4) The validity of a grant of plant variety rights shall not be called in question in proceedings for a declaration under this section and the making of, or refusal to make, the declaration does not imply that the grant of plant variety rights is, or is not, valid.

PLANT VARIETY RIGHTS ACT 1987 - SECT 43
Jurisdiction of Court

SECT

43. (1) The Court has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under this Act, be instituted in that court and that jurisdiction is exclusive of the jurisdiction of all other courts, other than the jurisdiction of the High Court under section 75 of the Constitution.

(2) The relief that the Court may grant in an action or proceeding for infringement of plant variety rights includes an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

(3) The Court may refuse to award damages, or to make an order for an account of profits, against a person in respect of an infringement of plant variety rights in relation to a plant variety if the person satisfies the court that, at the time of the infringement, the person was not aware, and had no reasonable grounds for suspecting, that plant variety rights existed in relation to that plant variety.

(4) The regulations may make provision for and in relation to the practice and procedure of the Court in actions or proceedings under this Act, including provision prescribing the time within which any action or proceeding may be instituted, or any other act or thing may be done, and providing for the extension of any such time.

(5) Subsection (4) shall not be read as limiting the power of the Judges of the Court or a majority of them to make rules of Court under section 59 of the Federal Court of Australia Act 1976 not inconsistent with the regulations referred to in that subsection.

PLANT VARIETY RIGHTS ACT 1987 - PART IV
PART IV - PLANT VARIETY RIGHTS ADVISORY COMMITTEE

PLANT VARIETY RIGHTS ACT 1987 - SECT 44
Establishment of Advisory Committee

SECT

44. (1) There is established by this Act a Committee by the name of the Plant Variety Rights Advisory Committee.

(2) The functions of the Advisory Committee are:
(a) at the request of the Minister, to advise the Minister on the desirability of a genus or species being declared by the regulations to be a genus or species to which this Act applies; and
(b) to advise the Secretary on such technical matters arising under this Act, and such other matters relating to the administration of this Act, as the Secretary refers to the Advisory Committee.

PLANT VARIETY RIGHTS ACT 1987 - SECT 45
Membership of Advisory Committee

SECT

45. (1) The Advisory Committee shall consist of:
(a) the Registrar;
(b) 2 members who, in the opinion of the Minister, are appropriate persons to represent breeders, and likely breeders, of new plant varieties;
(c) one member who, in the opinion of the Minister, is an appropriate person to represent producers, and likely producers, of new plant varieties;
(d) one member who, in the opinion of the Minister, is an appropriate person to represent the interests of consumers, and likely consumers, of new plant varieties or of the products of new plant varieties; and
(e) 2 other members who, in the opinion of the Minister, possess qualifications or experience that are appropriate for a member of the Advisory Committee.

(2) The members, other than the Registrar, shall be appointed by the Minister.

(3) The members hold office as part-time members.

(4) The members, other than the Registrar, hold office during the pleasure of the Minister.

(5) A member, other than the Registrar, may resign his or her office by writing signed by the member and delivered to the Minister.

PLANT VARIETY RIGHTS ACT 1987 - SECT 46
Remuneration and allowances

SECT

46. (1) The members referred to in paragraphs 45 (1) (b), (c), (d) and (e) shall be paid:
(a) such remuneration as is determined by the Remuneration Tribunal; and
(b) such allowances as are prescribed.

(2) Subsection (1) has effect subject to the Remuneration Tribunals Act 1973.

PLANT VARIETY RIGHTS ACT 1987 - SECT 47
Disclosure of interests

SECT

47. (1) A member who has a direct or indirect pecuniary interest in a matter being considered at a meeting of the Advisory Committee shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at the meeting.

(2) A disclosure under subsection (1) in relation to a matter shall:
(a) be recorded in the minutes of the meeting of the Advisory Committee; and
(b) be made known in any advice given by the Committee in relation to that matter.

PLANT VARIETY RIGHTS ACT 1987 - SECT 48
Meetings

SECT

48. (1) The Registrar may convene such meetings of the Advisory Committee as are necessary for the purposes of the performance of the functions of the Advisory Committee.

(2) At a meeting of the Advisory Committee, 4 members constitute a quorum.

(3) The Registrar shall preside at a meeting of the Advisory Committee at which the Registrar is present, but, if the Registrar is not present, the members present shall elect one of their number to preside at the meeting.

(4) Subject to subsection (2), the procedure to be followed at a meeting of the Advisory Committee shall be as determined by the Advisory Committee.

PLANT VARIETY RIGHTS ACT 1987 - PART V
PART V - MISCELLANEOUS

PLANT VARIETY RIGHTS ACT 1987 - SECT 49
Inspection of Register

SECT

49. A person may inspect the Register at any reasonable time and is entitled, upon payment of such fee (if any) as is prescribed, to be given a copy of an entry in the Register.

PLANT VARIETY RIGHTS ACT 1987 - SECT 50
Agents may act in plant variety rights matters

SECT

50. Subject to any other law of the Commonwealth, including the High Court Rules and the Federal Court Rules, an application, a written submission or any other document may be prepared or lodged, and any business may be transacted, for the purposes of this Act, on behalf of a person by another person.

PLANT VARIETY RIGHTS ACT 1987 - SECT 51
Service of documents

SECT

51. (1) Where the Secretary or the Registrar is required by this Act to give a written notice or other document to an applicant for, or a grantee of, plant variety rights, that document shall be given by being posted by pre-paid post as a letter addressed to the applicant or the grantee at the address for service shown on the application or entered in the Register, as the case requires.

(2) Where the Secretary or the Registrar is required by this Act to give a written notice or other document to a person who has been an applicant for, or a grantee of, plant variety rights, that document shall be given by being posted by pre-paid post as a letter addressed to that person at the address for service of that person that was formerly shown on the application for those rights or entered in the Register in respect of those rights, as the case may be.

PLANT VARIETY RIGHTS ACT 1987 - SECT 52
Offences

SECT

52. (1) A person shall not knowingly make a false statement in an application or other document given to the Secretary or the Registrar for the purposes of this Act.
Penalty:
(a) in the case of a natural person - $1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate - $5,000.

(2) A person shall not:
(a) falsely represent to another person that he, she or it is the grantee of plant variety rights in respect of a plant variety;
(b) falsely represent to another person that he, she or it is deemed to be the grantee of plant variety rights in respect of a plant variety by virtue of subsection 22 (1); or
(c) falsely represent that a plant is a plant of a variety in respect of which plant variety rights have been granted.
Penalty for contravention of this subsection:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.

(3) Where, in proceedings for an offence against subsection (1) or (2) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(4) Any conduct engaged in on behalf of a corporation:
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.

(5) A reference in subsection (3) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

PLANT VARIETY RIGHTS ACT 1987 - SECT 53
Applications for review

SECT

53. (1) Applications may be made to the Administrative Appeals Tribunal for review of:
(a) a decision of the Secretary under paragraph 18 (1) (b) rejecting an application;
(b) a decision of the Secretary to refuse to vary an application upon a request made under subsection 19 (1) or (2);
(c) a decision of the Registrar under subsection 20 (1) to allow, or refuse to allow, further time for the lodging of an objection;
(d) a decision of the Secretary to give a notice under subsection 22 (2);
(e) a decision of the Secretary that the Secretary is satisfied, or not satisfied, of a matter for the purposes of paragraph 23 (b);
(f) a decision of the Secretary that the Secretary is satisfied, or not satisfied, of a matter for the purposes of paragraph 23 (c);
(g) a requirement by the Secretary under section 24;
(h) a decision of the Secretary to grant, or refuse to grant, plant variety rights under section 26;
(j) a decision of the Registrar to amend, or refuse to amend, the Register under section 31;
(k) a decision of the Secretary under subsection 33 (2) or (8) to allow, or refuse to allow, further time for a delivery;
(m) a decision by the Minister to impose conditions under subsection 34 (1);
(n) a decision by the Secretary to revoke plant variety rights under section 35;
(p) a decision by the Secretary under subsection 35 (8) not to revoke plant variety rights;
(q) a decision of the Secretary under subsection 39 (7) to exercise a power under subsection 39 (3);
(r) a decision of the Secretary to license a person under subsection 39 (3) or the refusal of the Secretary to license under that subsection a person who applied to be so licensed in response to an invitation under paragraph 39 (8) (c);
(s) the determination by the Secretary of the terms and conditions of a licence in accordance with subsection 39 (10); or
(t) a decision of the Secretary to make reproductive material of plants available under subsection 39 (11).

(2) The Administrative Appeals Tribunal does not have power under subsection 29 (7) of the Administrative Appeals Tribunal Act 1975 to extend the time for making an application to that Tribunal for a review of a decision referred to in paragraph (1) (q).

(3) The Secretary shall give public notice of:
(a) any application made under subsection (1);
(b) any decision of the Administrative Appeals Tribunal on such an application; and
(c) any decision of a court in relation to, or arising out of:
(i) such an application; or
(ii) a decision of the Administrative Appeals Tribunal on such
an application.

(4) In subsections (1) and (2), "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.

PLANT VARIETY RIGHTS ACT 1987 - SECT 54
Statement to accompany notice of decisions

SECT

54. (1) Where the Minister, the Secretary, a delegate of the Secretary or the Registrar makes a determination, decision or requirement of a kind referred to in subsection 53 (1) and gives to the person or persons whose interests are affected by the determination, decision or requirement, notice in writing of the making of the determination, decision or requirement, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the determination, decision or requirement to which the notice relates by or on behalf of the person or persons whose interests are affected by the determination, decision or requirement.

(2) Any failure to comply with the requirements of subsection (1) in relation to a determination, decision or requirement does not affect the validity of the determination, decision or requirement.

PLANT VARIETY RIGHTS ACT 1987 - SECT 55
Regulations

SECT

55. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing fees, including:
(a) fees on applications for plant variety rights;
(b) fees payable by grantees of plant variety rights at specified intervals or on specified dates; and
(c) fees to meet costs incurred in the test growing of plants under section 24.

PLANT VARIETY RIGHTS ACT 1987 - SCHEDULE

SCH

SCHEDULE Subsection 3 (1) (definition
of "Convention")
CONVENTION
International Convention for the Protection
of New Varieties of Plants
of December 2, 1961, as revised at Geneva
on November 10, 1972, and on October
23, 1978
TABLE OF CONTENTS
Preamble
Article 1: Purpose of the Convention; Constitution of a Union;
Seat of the Union
Article 2: Forms of Protection
Article 3: National Treatment; Reciprocity
Article 4: Botanical Genera and Species Which Must or May be
Protected
Article 5: Rights Protected; Scope of Protection
Article 6: Conditions Required for Protection
Article 7: Official Examination of Varieties; Provisional
Protection
Article 8: Period of Protection
Article 9: Restriction in the Exercise of Rights Protected
Article 10: Nullity and Forfeiture of the Rights Protected
Article 11: Free Choice of the Member State in Which the
First Application is Filed; Application in Other
Member States; Independence of Protection in Different
Member States
Article 12: Right of Priority
Article 13: Variety Denomination
Article 14: Protection Independent of Measures Regulating
Production, Certification and Marketing
Article 15: Organs of the Union
Article 16: Composition of the Council; Votes
Article 17: Observers in Meetings of the Council
Article 18: President and Vice-Presidents of the Council
Article 19: Sessions of the Council
Article 20: Rules of Procedure of the Council; Administrative
and Financial Regulations of the Union
Article 21: Tasks of the Council
Article 22: Majorities Required for Decisions of the Council
Article 23: Tasks of the Office of the Union; Responsibilities of
the Secretary-General; Appointment of Staff
Article 24: Legal Status
Article 25: Auditing of the Accounts
Article 26: Finances
Article 27: Revision of the Convention
Article 28: Languages Used by the Office and in Meetings of
the Council
Article 29: Special Agreements for the Protection of New
Varieties of Plants
Article 30: Implementation of the Convention on the
Domestic Level; Contracts on the Joint Utilisation of
Examination Services
Article 31: Signature
Article 32: Ratification, Acceptance or Approval; Accession
Article 33: Entry Into Force; Closing of Earlier Texts
Article 34: Relations Between States Bound by Different Texts
Article 35: Communications Concerning the Genera and Species
Protected; Information to be Published
Article 36: Territories
Article 37: Exceptional Rules for Protection Under Two
Forms
Article 38: Transitional Limitation of the Requirement of Novelty
Article 39: Preservation of Existing Rights
Article 40: Reservations
Article 41: Duration and Denunciation of the Convention
Article 42: Languages; Depositary Functions

THE CONTRACTING PARTIES,
Considering that the International Convention for the Protection
of New Varieties of Plants of December 2, 1961, amended by the
Additional Act of November 10, 1972, has proved a valuable
instrument for international cooperation in the field of the
protection of the rights of the breeders.
Reaffirming the principles contained in the Preamble to the
Convention to the effect that:
(a) They are convinced of the importance attaching to the
protection of new varieties of plants not only for the development
of agriculture in their territory but also for safeguarding the
interests of breeders,
(b) they are conscious of the special problems arising from the
recognition and protection of the rights of breeders and
particularly of the limitations that the requirements of the
public interest may impose on the free exercise of such a right,
(c) they deem it highly desirable that these problems, to which
very many States rightly attach importance, should be resolved by
each of them in accordance with uniform and clearly defined
principles,
Considering that the idea of protecting the rights of breeders
has gained general acceptance in many States which have not yet
acceded to the Convention,
Considering that certain amendments in the Convention are
necessary in order to facilitate the joining of the Union by these
States,
Considering that some provisions concerning the administration
of the Union created by the Convention require amendment in the
light of experience,
Considering that these objectives may be best achieved by a new
revision of the Convention, Have agreed as follows:

Article 1
Purpose of the Convention; Constitution of a Union;
Seat of the Union
(1) The purpose of this Convention is to recognise and to ensure
to the breeder of a new plant variety or to his successor in title
(both hereinafter referred to as "the breeder") a right under the
conditions hereinafter defined.
(2) The States parties to this Convention (hereinafter referred
to as "the member States of the Union")
constitute a Union for the Protection of New Varieties of Plants.
(3) The seat of the Union and its permanent organs shall be at
Geneva.

Article 2
Forms of Protection
(1) Each member State of the Union may recognise the right of
the breeder provided for in this Convention by the grant either of
a special title of protection or of a patent. Nevertheless, a
member State of the Union whose national law admits of protection
under both these forms may provide only one of them for one and
the same botanical genus or species.
(2) Each member State of the Union may limit the application of
this Convention within a genus or species to varieties with a
particular manner of reproduction or multiplication, or a certain
end-use.

Article 3
National Treatment; Reciprocity
(1) Without prejudice to the rights specially provided for in
this Convention, natural and legal persons resident or having
their registered office in one of the member States of the Union
shall, in so far as the recognition and protection of the right of
the breeder are concerned, enjoy in the other member States of the
Union the same treatment as is accorded or
may hereafter be accorded by the respective laws of such States to
their own nationals, provided that such persons comply with the
conditions and formalities imposed on such nationals.
(2) Nationals of member States of the Union not resident or
having their registered office in one of those States shall
likewise enjoy the same rights provided that they fulfil such
obligations as may be imposed on them for the purpose of enabling
the varieties which they have bred to be examined and the
multiplication of such varieties to be checked.
(3) Notwithstanding the provisions of paragraphs (1) and (2),
any member State of the Union applying this Convention to a given
genus or species shall be entitled to limit the benefit of the
protection to the nationals of those member States of the Union
which apply this Convention to that genus or species and to
natural and legal persons resident or having their registered
office in any of those States.

Article 4
Botanical Genera and Species Which Must or May be Protected
(1) This Convention may be applied to all botanical genera
species.
(2) The member States of the Union undertake to adopt all
measures necessary for the progressive application of the
provisions of this Convention to the largest possible number of
botanical genera and species.
(3)(a) Each member State of the Union shall, on the entry into
force of this Convention in its territory, apply the provisions of
this Convention to at least five genera or
species.
(b) Subsequently, each member State of the Union shall apply the
said provisions to additional genera or species within the
following periods from the date of the entry into force of this
Convention in its territory:
(i) within three years, to at least ten genera or species in
all;
(ii) within six years, to at least eighteen genera or
species in all;
(iii) within eight years, to at least twenty-four genera or
species in all.
(c) If a member State of the Union has limited the application
of this Convention within a genus or species in accordance with
the provisions of Article 2 (2), that genus or species shall
nevertheless, for the purposes of subparagraphs (a) and (b), be
considered as one genus or
species.
(4) At the request of any State intending to ratify, accept,
approve or accede to this Convention, the Council may, in order to
take account of special economic or ecological conditions
prevailing in that State, decide, for the purpose of that State,
to reduce the minimum numbers referred to in paragraph (3), or to
extend the periods referred to in that paragraph, or to do both.
(5) At the request of any member State of the Union, the Council
may, in order to take account of special difficulties encountered
by that State in the fulfilment of the obligations under paragraph
(3) (b), decide, for the purposes of that State, to extend the
periods referred to in paragraph (3) (b).

Article 5
Rights Protected; Scope of Protection
(1) The effect of the right granted to the breeder is that his
prior authorisation shall be required for
- the production for purposes of commercial marketing
- the offering for sale
- the marketing of the reproductive or vegetative propagating
material, as such, of the variety.
Vegetative propagating material shall be deemed to include whole
plants. The right of the breeder shall extend to ornamental plants
or parts thereof normally marketed for purposes other than
propagation when they are used commercially as propagating
material in the production of ornamental plants or cut flowers.
(2) The authorisation given by the breeder may be made subject
to such conditions as he may specify.
(3) Authorisation by the breeder shall not be required either
for the utilisation of the variety as an initial source of
variation for the purpose of creating other varieties or for the
marketing of such varieties. Such authorisation shall be required,
however, when the repeated use of the variety is necessary for the
commercial production of another variety.
(4) Any member State of the Union may, either under its own law
or by means of special agreements under Article 29, grant to
breeders, in respect of certain botanical genera or
species, a more extensive right than that set out in paragraph
(1), extending in particular to the marketed product. A member
State of the Union which grants such a right may limit the benefit
of it to the nationals of member States of the Union which grant
an identical right and to natural and legal persons resident or
having their registered office in any of those States.

Article 6
Conditions Required for Protection
(1) The breeder shall benefit from the protection provided for
in this Convention when the following conditions are satisfied:
(a) Whatever may be the origin, artificial or natural, of the
initial variation from which it has resulted, the variety must be
clearly distinguishable by one or more important characteristics
from any other variety whose existence is a matter of common
knowledge at the time when protection is applied for. Common
knowledge may be established by reference to various factors such
as: cultivation or marketing already in progress, entry in an
official register of varieties already made or in the course of
being made, inclusion in a reference collection, or precise
description in a publication. The characteristics which permit a
variety to be defined and distinguished must be capable of precise
recognition and description.
(b) At the date on which the application for protection in a
member State of the Union is filed, the variety (i)must not - or,
where the law of that State so provides, must not for longer than
one year - have been offered for sale or marketed, with the
agreement of the breeder, in the territory of that State, and
(ii) must not have been offered for sale or marketed, with the
agreement of the breeder, in the territory of any other State for
longer than six years in the case of vines, forest trees, fruit
trees and ornamental trees, including, in each case, their
rootstocks, or for longer than four years in the case of all other
plants.
Trials of the variety not involving offering for sale or
marketing shall not affect the right to protection. The fact that
the variety has become a matter of common knowledge in ways other
than through offering for sale or marketing shall also not affect
the right of the breeder to protection.
(c) The variety must be sufficiently homogeneous, having regard
to the particular features of its sexual reproduction or
vegetative propagation.
(d) The variety must be stable in its essential characteristics,
that is to say, it must remain true to its description after
repeated reproduction or propagation or, where the breeder has
defined a particular cycle of reproduction or
multiplication, at the end of each cycle.
(e) The variety shall be given a denomination as provided in
Article 13.
(2) Provided that the breeder shall have complied with the
formalities provided for by the national law of the member State
of the Union in which the application for protection was filed,
including the payment of fees, the grant of protection may not be
made subject to conditions other than those set forth above.

Article 7
Official Examination of Varieties; Provisional Protection
(1) Protection shall be granted after examination of the
variety in the light of the criteria defined in Article 6. Such
examination shall be appropriate to each botanical genus or
species.
(2) For the purposes of such examination, the competent
authorities of each member State of the Union may require the
breeder to furnish all the necessary information, documents,
propagating material or seeds.
(3) Any member State of the Union may provide measures to
protect the breeder against abusive acts of third parties
committed during the period between the filing of the application
for protection and the decision thereon.

Article 8
Period of Protection
The right conferred on the breeder shall be granted for a
limited period. This period may not be less than fifteen years,
computed from the date of issue of the title of protection. For
vines, forest trees, fruit trees and ornamental trees, including,
in each case, their rootstocks, the period of protection may not
be less than eighteen years, computed from the said date.

Article 9
Restrictions in the Exercise of Rights Protected
(1) The free exercise of the exclusive right accorded to the
breeder may not be restricted otherwise than for reasons of public
interest.
(2) When any such restriction is made in order to ensure the
widespread distribution of the variety, the member State of the
Union concerned shall take all measures necessary to ensure that
the breeder receives equitable remuneration.

Article 10
Nullity and Forfeiture of the Rights Protected
(1) The right of the breeder shall be declared null and void, in
accordance with the provisions of the national law of each member
State of the Union, if it is established that the conditions laid
down in Article 6 (1) (a) and (b) were not effectively complied
with at the time when the title of protection was issued.
(2) The right of the breeder shall become forfeit when he is no
longer in a position to provide the competent authority with
reproductive or propagating material capable of producing the
variety with its characteristics as defined when the protection
was granted.
(3) The right of the breeder may become forfeit if:
(a)after being requested to do so and within a prescribed period,
he does not provide the competent authority with the reproductive
or propagating material, the documents and the information deemed
necessary for checking the variety, or he does not allow
inspection of the measures which have been taken for the
maintenance of the variety; or
(b) he has failed to pay within the prescribed period such fees
as may be payable to keep his rights in force.
(4) The right of the breeder may not be annulled or
become forfeit except on the grounds set out in this Article.

Article 11
Free Choice of the Member State in Which the First
Application is Filed; Application in Other Member States;
Independence of Protection in Different Member States
(1) The breeder may choose the member State of the Union in
which he wishes to file his first application for protection.
(2) The breeder may apply to other member States of the Union
for protection of his right without waiting for the issue to him
of a title of protection by the member State of the Union in which
he filed his first application.
(3) The protection applied for in different member States of the
Union by natural or legal persons entitled to benefit under this
Convention shall be independent of the protection obtained for the
same variety in other States whether or not such States are
members of the Union.

Article 12
Right of Priority
(1) Any breeder who has duly filed an application for protection
in one of the member States of the Union shall, for the purpose of
filing in the other member States of the Union, enjoy a right of
priority for a period of twelve months. This period shall be
computed from the date of filing of the first application. The day
of filing shall not be included in such period.
(2) To benefit from the provisions of paragraph (1), the further
filing must include an application for protection, a claim in
respect of the priority of the first application and, within a
period of three months, a copy of the documents which constitute
that application, certified to be a true copy by the authority
which received it.
(3) The breeder shall be allowed a period of four years after
the expiration of the period of priority in which to furnish, to
the member State of the Union with which he has filed an
application for protection in accordance with the terms of
paragraph (2), the additional documents and material required by
the laws and regulations of that State. Nevertheless, that State
may require the additional documents and material to be furnished
within an adequate period in the case where the application whose
priority is claimed is rejected or withdrawn.
(4) Such matters as the filing of another application or
the publication or use of the subject of the application,
occurring within the period provided for in paragraph
(1), shall not constitute grounds for objection to an
application filed in accordance with the foregoing conditions.
Such matters may not give rise to any right in favour of a third
party or to any right of personal possession.

Article 13
Variety Denomination
(1) The variety shall be designated by a denomination destined
to be its generic designation. Each member State of the Union
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 protection.
(2) 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 any member State of the Union,
an existing variety of the same botanical species or
of a closely related species.
(3) The denomination of the variety shall be submitted by the
breeder to the authority referred to in Article 30 (1) (b). If it
is found that such denomination does not satisfy the requirements
of paragraph (2), that authority shall refuse to register it and
shall require the breeder to propose another denomination within a
prescribed period. The denomination shall be registered at the
same time as the title of protection is issued in accordance with
the provisions of Article 7.
(4) Prior rights of third parties 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
referred to in Article 30 (1) (b) shall require the breeder to
submit another denomination for the variety.
(5) A variety must be submitted in member States of the Union
under the same denomination. The authority referred to in Article
30 (1) (b) shall register the denomination so submitted, unless it
considers that denomination unsuitable in its State. In the latter
case, it may require the breeder to submit another denomination.
(6) The authority referred to in Article 30 (1) (b) shall ensure
that all the other such authorities are informed of matters
concerning variety denominations, in particular the submission,
registration and cancellation of denominations. Any authority
referred to in Article 30 (1) (b) may address its observations,
if any, on the registration of a denomination to the authority
which communicated that denomination.
(7) Any person who, in a member State of the Union, offers for
sale or markets reproductive or vegetative propagating material of
a variety protected in that State shall be obliged to use the
denomination of that variety, even after the expiration of the
protection of that variety, in so far as, in accordance with the
provisions of paragraph (4), prior rights do not prevent such use.
(8) When the variety is offered for sale or marketed, it shall
be permitted to associate a trade mark, 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.

Article 14
Protection Independent of Measures Regulating Production,
Certification and Marketing
(1) The right accorded to the breeder in pursuance of the
provisions of this Convention shall be independent of the measures
taken by each member State of the Union to regulate the
production, certification and marketing of seeds and propagating
material.
(2) However, such measures shall, as far as possible, avoid
hindering the application of the provisions of this Convention.

Article 15
Organs of the Union
The permanent organs of the Union shall be:
(a) the Council;
(b) the Secretariat General, entitled the Office of the
International Union for the Protection of New Varieties of Plants.
Article 16 Composition of the Council; Votes (1) The Council shall
consist of the representatives of the member States of the Union.
Each member State of the Union shall appoint one representative to
the Council and one alternate.
(2) Representatives or alternates may be accompanied by
assistants or advisers.
(3) Each member State of the Union shall have one vote in the
Council.

Article 17
Observers in Meetings of the Council
(1) States not members of the Union which have signed this Act
shall be invited as observers to meetings of the Council.
(2) Other observers or experts may also be invited to such
meetings.

Article 18
President and Vice-Presidents of the Council (1) 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.
(2) The President shall hold office for three years.

Article 19
Sessions of the Council
(1) The Council shall meet upon convocation by its President.
(2) 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 member States of the Union so request.

Article 20
Rules of Procedure of the Council; Administrative and
Financial Regulations of the Union
The Council shall establish its rules of procedure and the
administrative and financial regulations of the Union.

Article 21
Tasks of the Council
The tasks of the Council shall be to:
(a) study appropriate measures to safeguard the interests and to
encourage the development of the Union;
(b) appoint the Secretary-General and, if it finds it necessary,
a vice Secretary-General and determine the terms of appointment of
each;
(c) examine the annual report on the activities of the Union and
lay down the programme for its future work;
(d) give to the Secretary-General, whose functions are set out
in Article 23, all the necessary directions for the accomplishment
of the tasks of the Union;
(e) examine and approve the budget of the Union and fix the
contribution of each member State of the Union in accordance with
the provisions of Article 26;
(f) examine and approve the accounts presented by the Secretary-General;
(g) fix, in accordance with the provisions of Article 27, the
date and place of the conferences referred to in that article and
take the measures necessary for their preparation; and
(h) in general, take all necessary decisions to ensure the
efficient functioning of the Union.

Article 22
Majorities Required for Decisions of the Council
Any decision of the Council shall require a simple majority of
the votes of the members present and voting, provided that any
decision of the Council under Articles 4 (4), 20, 21 (e), 26 (5)
(b), 27 (1), 28 (3) or 32 (3) shall require three-fourths of the
votes of the members present and voting. Abstentions shall not be
considered as votes.

Article 23
Tasks of the Office of the Union; Responsibilities of the
Secretary-General; Appointment of Staff
(1) The Office of the Union shall carry out all the duties and
tasks entrusted to it by the Council. It shall be under the
direction of the Secretary-General.
(2) The Secretary-General shall be responsible to the Council;
he shall be responsible for carrying out the decisions of the
Council. He shall submit the budget for the approval of the
Council and shall be responsible for its implementation. He shall
make an annual report to the Council on his administration and a
report on the activities and financial position of the Union.
(3) Subject to the provisions of Article 21 (b), the conditions
of appointment and employment of the staff necessary for the
efficient performance of the tasks of the Office of the Union
shall be fixed in the administrative and financial regulations
referred to in Article 20.

Article 24
Legal Status
(1) The Union shall have legal personality.
(2) The Union shall enjoy on the territory of each member State
of the Union, in conformity with the laws of that State, such
legal capacity as may be necessary for the fulfilment of the
objectives of the Union and for the exercise of its functions.
(3) The Union shall conclude a headquarters agreement with the
Swiss Confederation.

Article 25
Auditing of the Accounts
The auditing of the accounts of the Union shall be effected by a
member State of the Union as provided in the administrative and
financial regulations referred to in Article 20. Such State shall
be designated, with its agreement, by the Council.

Article 26
Finances
(1) The expenses of the Union shall be met from:
- the annual contributions of the member States of the Union;
- payments received for services rendered;
- miscellaneous receipts.
(2)(a) The share of each member State of the Union in the total
amount of the annual contributions shall be determined by
reference to the total expenditure to be met from the
contributions of the member States of the Union and to the number
of contribution units applicable to it under paragraph (3). The
said share shall be computed according to paragraph (4).
(b) The number of contribution units shall be expressed in whole
numbers or fractions thereof, provided that such number shall not
be less than one-fifth.
(3)(a) As far as any State is concerned which is a member State
of the Union on the date on which this Act enters into force with
respect to that State, the number of contribution units applicable
to it shall be the same as was applicable to it, immediately
before the said date, according to the Convention of 1961 as
amended by the Additional Act of 1972.
(b) As far as any other State is concerned, that State shall, on
joining the Union, indicate, in a declaration addressed to the
Secretary-General, the number of contribution units applicable to
it.
(c) Any member State of the Union may, at any time, indicate, in
a declaration addressed to the Secretary-General, a number of
contribution units different from the number applicable to it
under subparagraph (a) or (b).
Such declaration, if made during the first six months of a
calendar year, shall take effect from the beginning of the
subsequent calendar year; otherwise it shall take effect from the
beginning of the second calendar year which follows the year in
which the declaration was made.
(4)(a) For each budgetary period, the amount corresponding to
one contribution unit shall be obtained by dividing the total
amount of the expenditure to be met in that period from the
contributions of the member States of the Union by the total
number of units applicable to those States.
(b) The amount of the contribution of each member State of the
Union shall be obtained by multiplying the amount corresponding to
one contribution unit by the number of contribution units
applicable to that State.
(5)(a) A member State of the Union which is in arrears in the
payment of its contributions may not, subject to paragraph (b),
exercise its right to vote in the Council if the amount of its
arrears equals or exceeds the amount of the contributions due from
it for the preceding two full years. The suspension of the right
to vote does not relieve such State of its obligations under this
Convention and does not deprive it of any other rights thereunder.
(b) The Council may allow the said State to continue to exercise
its right to vote if, and as long as, the Council is satisfied
that the delay in payment is due to exceptional and unavoidable
circumstances.

Article 27
Revision of the Convention
(1) This Convention may be revised by a conference of the member
States of the Union. The convocation of such conference shall be
decided by the Council.
(2) The proceedings of a conference shall be effective only if
at least half of the member States of the Union are represented at
it. A majority of five-sixths of the member States of the Union
represented at the conference shall be required for the adoption
of a revised text of the Convention.

Article 28
Languages Used by the Office and in Meetings of the Council
(1) The English, French and German languages shall be used by
the Office of the Union in carrying out its duties.
(2) Meetings of the Council and of revision conferences shall be
held in the three languages.
(3) If the need arises, the Council may decide that further
languages shall be used.

Article 29
Special Agreement for the Protection of New Varieties
of Plants
Member States of the Union reserve the right to conclude among
themselves special agreements for the protection of new varieties
of plants, in so far as such agreements do not contravene the
provisions of this Convention.

Article 30
Implementation of the Convention on the Domestic Level;
Contracts on the Joint Utilisation of Examination Services
(1) Each member State of the Union shall adopt all measures
necessary for the application of this Convention; in particular,
it shall:
(a) provide for appropriate legal remedies for the effective
defence of the rights provided for in this Convention;
(b) set up a special authority for the protection of new
varieties of plants or entrust such protection to an existing
authority;
(c) ensure that the public is informed of matters concerning
such protection, including as a minimum the periodical publication
of the list of titles of protection issued.
(2) Contracts may be concluded between the competent authorities
of the member States of the Union, with a view to the joint
utilisation of the services of the authorities entrusted with the
examination of varieties in accordance with the provisions of
Article 7 and with assembling the necessary reference collections
and documents.
(3) It shall be understood that, on depositing its instrument of
ratification, acceptance, approval or accession, each State must
be in a position, under its own domestic law, to give effect to
the provisions of this Convention.

Article 31
Signature
This Act shall be open for signature by any member State of the
Union and any other State which was represented in the Diplomatic
Conference adopting this Act. It shall remain open for signature
until October 31, 1979.

Article 32
Ratification, Acceptance or Approval; Accession
(1) Any State shall express its consent to be bound by this Act
by the deposit of:
(a) its instrument or ratification, acceptance or
approval, if it has signed this Act; or
(b) its instrument of accession, if it has not signed this Act.
(2) Instruments of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General.
(3) Any State which is not a member of the Union and which has
not signed this Act shall, before depositing its instrument of
accession, ask the Council to advise it in respect of the
conformity of its laws with the provisions of the Act. If the
decision embodying the advice is positive, the instrument of
accession may be deposited.

Article 33
Entry Into Force; Closing of Earlier Texts (1)
This Act shall enter into force one month after the following
two conditions are fulfilled:
(a) the number of instruments of ratification, acceptance,
approval or accession deposited is not less than five; and
(b) at least three of the said instruments are instruments
deposited by States parties to the Convention of 1961.
(2) With respect to any State which deposits its instrument of
ratification, acceptance, approval or accession after the
conditions referred to in paragraph (1) (a) and (b) have been
fulfilled, this Act shall enter into force one month after the
deposit of the instrument of the said State.
(3) Once this Act enters into force according to paragraph (1),
no State may accede to the Convention of 1961 as amended by the
Additional Act of 1972.

Article 34
Relations Between States Bound by Different Texts
(1) Any member State of the Union which, on the day on which
this Act enters into force with respect to that State, is bound by
the Convention of 1961 as amended by the Additional Act of 1972
shall, in its relations with any other member State of the Union
which is not bound by this Act, continue to apply, until the
present Act enters into force also with respect to that other
State, the said Convention as amended by the said Additional Act.
(2) Any member State of the Union not bound by this Act ("the
former State") may declare, in a notification addressed to the
Secretary-General, that it will apply the Convention of 1961 as
amended by the Additional Act of 1972 in its relations with any
State bound by this Act which becomes a member of the Union
through ratification, acceptance or approval of or accession to
this Act ("the latter State"). As from the beginning of one month
after the date of any such notification and until the entry into
force of this Act with respect to the former State, the former
State shall apply the Convention of 1961 as amended by the
Additional Act of 1972 in its relations with any such latter
State, whereas any such latter State shall apply this Act in its
relations with the former State.

Article 35
Communications Concerning the Genera and Species Protected;
Information to be Published
(1) When depositing its instrument of ratification, acceptance
or approval of or accession to this Act, each State which is not a
member of the Union shall notify the Secretary-General of the list
of genera and species to which, on the entry into force of this
Act with respect to that State, it will apply the provisions of
this Convention.
(2) The Secretary-General shall, on the basis of communications
received from each member State of the Union concerned, publish
information on:
(a) the extension of the application of the provisions of this
Convention to additional genera and species after the entry into
force of this Act with respect to that State;
(b) any use of the faculty provided for in Article 3 (3);
(c) the use of any faculty granted by the Council pursuant to
Article 4 (4) or (5);
(d) any use of the faculty provided for in Article 5 (4), first
sentence, with an indication of the nature of the more extensive
rights and with specification of the genera and species to which
such rights apply;
(e) any use of the faculty provided for in Article 5 (4), second
sentence;
(f) the fact that the law of the said State contains a provision
as permitted under Article 6 (1) (b) (i), and the length of the
period permitted;
(g) the length of the period referred to to Article 8 if such
period is longer than the fifteen years and the eighteen years,
respectively, referred to in that Article.

Article 36
Territories
(1) Any State may declare in its instrument of ratification,
acceptance, approval or accession, or may inform the Secretary-General
by written notification any time thereafter, that this Act
shall be applicable to all or part of the territories designated
in the declaration or notification.
(2) Any State which has made such a declaration or given such a
notification may, at any time, notify the Secretary-General that
this Act shall cease to be applicable to all or part of such
territories.
(3)(a) Any declaration made under paragraph (1) shall take
effect on the same date as the ratification, acceptance, approval,
or accession in the instrument of which it was included, and any
notification given under that paragraph shall take effect three
months after its notification by the Secretary-General.
(b)Any notification given under paragraph (2) shall take effect
twelve months after its receipt by the Secretary-General.

Article 37
Exceptional Rules for Protection Under Two Forms (
(1) Notwithstanding the provisions of Article 2 (1), any State
which, prior to the end of the period during which this Act is
open for signature, provides for protection under the different
forms referred to in Article 2 (1) for one and the same genus or
species, may continue to do so if, at the time of signing this Act
or of depositing its instrument of ratification, acceptance or
approval of or accession to this Act, it notifies the Secretary-General
of that fact.
(2) Where, in a member State of the Union to which paragraph (1)
applies, protection is sought under patent legislation, the said
State may apply the patentability criteria and the period of
protection of the patent legislation to the varieties protected
thereunder, notwithstanding the provisions of Article 6 (1) (a)
and (b) and 8.
(3) The said State may, at any time, notify the Secretary-General
of the withdrawal of the notification it has given under
paragraph (1). Such withdrawal shall take effect on the date which
the State shall indicate in its notification of withdrawal.

Article 38
Transitional Limitation of the Requirement of Novelty
Notwithstanding the provisions of Article 6, any member State of
the Union may, without thereby creating an obligation for other
member States of the Union, limit the requirement of novelty laid
down in that Article, with regard to varieties of recent creation
existing at the date on which such State applies the provisions of
this Convention for the first time to the genus or species to
which such varieties belong.

Article 39
Preservation of Existing Rights
This Convention shall not affect existing rights under the
national laws of member States of the Union or under agreements
concluded between such States.

Article 40
Reservations
No reservations to this Convention are permitted.

Article 41
Duration and Denunciation of the Convention
(1) This Convention is of unlimited duration.
(2) Any member State of the Union may denounce this Convention
by notification addressed to the Secretary-General.
The Secretary-General shall promptly notify all member States of
the Union of the receipt of that notification.
(3) The denunciation shall take effect at the end of the
calendar year following the year in which the notification was
received by the Secretary-General.
(4) The denunciation shall not affect any rights acquired in a
variety by reason of this Convention prior to the date on which
the denunciation becomes effective.
Article 42 Languages; Depositary Functions (1) This Act shall be
signed in a single original in the French, English and German
languages, the French text prevailing in case of any discrepancy
among the various texts. The original shall be deposited with the
Secretary-General.
(2) The Secretary-General shall transmit two certified copies of
this Act to the Governments of all States which were represented
in the Diplomatic Conference that adopted it and, on request, to
the Government of any other State.
(3) The Secretary-General shall, after consultation with the
Governments of the interested States which were represented in the
said Conference, establish official texts in the Arabic, Dutch,
Italian, Japanese and Spanish languages and such other languages
as the Council may designate.
(4) The Secretary-General shall register this Act with the
Secretariat of the United Nations.
(5) The Secretary-General shall notify the Governments of the
member States of the Union and of the States which, without being
members of the Union, were represented in the Diplomatic
Conference that adopted it of the signatures of this Act, the
deposit of the instruments of ratification, acceptance, approval
and accession, any notification received under Articles 34 (2), 36
(1) and (2), 37 (1) and (3) or 41 (2) and any declaration made
under Article 36 (1).