International Union for the Protection of New Varieties of Plants

The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization based in Geneva, Switzerland. UPOV was established in 1961 by the International Convention for the Protection of New Varieties of Plants (the “UPOV Convention”).  The mission of UPOV is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.  Most countries and intergovernmental organizations which have introduced a plant variety protection (PVP) system have chosen to base their system on the UPOV Convention in order to provide an effective, internationally recognized system (see www.upov.int/members/en/).  As of September 5, 2019, (i) UPOV has 75 members (shown in green), (ii) 20 States and 1 intergovernmental organization have initiated the procedure for acceding to the UPOV Convention (shown in brown), and (iii) 23 States and 1 intergovernmental organization which have been in contact with the Office of the Union for assistance in the development of laws based on the UPOV Convention (shown in orange).  India is an observer in “International Union for the Protection of New Varieties of Plants” (UPOV)

The UPOV Convention provides the basis for UPOV members to encourage plant breeding by granting breeders of new plant varieties an intellectual property right:  the breeder’s right.  In order to obtain protection, the breeder needs to file individual applications with the authorities of UPOV members entrusted with the task of granting breeders' rights.

The UPOV Convention specifies the acts that require the breeder’s authorization in respect of the propagating material of a protected variety and, under certain conditions, in respect of the harvested material. Under the UPOV Convention, the breeder’s right is only granted where the variety is (i) new, (ii) distinct, (iii) uniform, (iv) stable and has a suitable denomination.  The breeder’s right does not extend to acts done (i) privately and for non-commercial purposes, (ii) for experimental purposes and (iii) for the purpose of breeding other varieties.

A State or intergovernmental organization that wishes to become a UPOV member needs to seek the advice of the UPOV Council in respect of the conformity of its laws with the provisions of the UPOV Convention.  This procedure leads, in itself, to a high degree of harmony in those laws, thus facilitating cooperation between members in the implementation of the system. 

The UPOV Report on the Impact of Plant Variety Protection demonstrated that in order to enjoy the full benefits which plant variety protection is able to generate, both implementation of the UPOV Convention and membership of UPOV are important.  The introduction of the UPOV system of plant variety protection and UPOV membership were found to be associated with:  (a) increased breeding activities, (b) greater availability of improved varieties, (c) increased number of new varieties, (d) diversification of types of breeders (e.g. private breeders, researchers), (e) increased number of foreign new varieties, (f) encouraging the development of a new industry competitiveness on foreign markets, and (g) improved access to foreign plant varieties and enhanced domestic breeding programs.

MISSION OF UPOV

To provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.

How to achieve the mission

Acknowledging the achievements of breeders of new varieties of plants by granting intellectual property right (PBR) on the basis of a set of clearly defined principles. The UPOV Convention provides the basis for members to encourage plant breeding by granting breeders of new plant varieties an intellectual property right: the breeder's right. Under UPOV system, rights are granted to the breeders and not to the farmers.

UPOV convection has many articles which specifies guideline and activities for granting breeders right. They are as follows

—  Protection coverage(Article 3)

—  Requirements for protection/Conditions of protection(Articles 5 to 9)

—  Granting breeder’s right(Articles 10 to 13)

—  Scope of protection/Scope of breeder’s right (Article14)

—  Breeder’s exemption(Article 15)

—  Farmer’s privilege (Article 17)

—  Duration of protection(Article 19)

—  Variety denomination(Article 20)

—  Nullity and cancellation of breeder’s right(Article 21 and 22)