UPOV Press Release No. 27

Geneva, December 18, 1997

RATIFICATION BY SWEDEN OF THE 1991 ACT OF THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

The Government of the Kingdom of Sweden deposited its instrument of ratification of the 1991 Act of the International Convention for the Protection of New Varieties of Plants on December 18, 1997.

UPOV is an intergovernmental organization which cooperates in administrative matters with the World Intellectual Property Organization (WIPO) and has its headquarters in the WIPO building in Geneva, Switzerland.

The purpose of the International Convention for the Protection of New Varieties of Plants is to recognize and to ensure an intellectual property right to the breeder of a new plant variety. The member States of UPOV grant such a right in accordance with the provisions of the Convention, under their national legislation.

Sweden, which is already a member State of UPOV, is the fourth State to ratify the 1991 Act of the UPOV Convention. From the point of view of international treaty law, the 1991 Act will not enter into force for Sweden until one month after one additional State has deposited its instrument of adherence to the 1991 Act. From the point of view of national law, Sweden has adapted its legislation to the 1991 Act. A number of other States also have laws which conform with the 1991 Act and can be expected to adhere to that Act in the months ahead.

The 1991 Act of the Convention makes the protection of all species of plants mandatory for member States after the expiration of a transitional period and strengthens the protection afforded to plant breeders. It does, however, leave protected varieties available, as at present, for use as a source of variation for the development of other varieties.

The strengthened protection for plant breeders will increase the incentive provided by the Convention for plant breeding and will lessen the threat to breeders from piracy of protected plant varieties and plagiaristic breeding activities.

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