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UPOV was established by the International Convention For The Protection Of New Varieties Of Plants . The Convention was adopted in Paris in 1961 and revised in 1972 , 1978 and 1991 . The objective of the Convention is the protection of new varieties of plants by an Intellectual Property right. By codifying intellectual property for plant breeders, UPOV aims to encourage the development of New Varieties of plants for the benefit of society.

For Plant Breeders' Rights to be granted, the new variety must meet four criteria under the rules established by UPOV. The new plant must be novel, which means that it must not have been previously marketed in the country where rights are applied for. The new plant must be '''distinct''' from other available varieties. The plants must display '''homogeneity'''. And the trait or traits unique to the new variety must be '''stable''' so that the plant remains true to type after repeated cycles of propagation.

Protection can be obtained for a new plant variety how ever it has been obtained, e.g. through conventional breeding techniques or Genetic Engineering .


MEMBERS


As of August 2005, the following 58 countries were member of UPOV: Argentina , Australia , Austria , Azerbaijan (as of December 9, 2004), Belarus , Belgium , Bolivia , Brazil , Bulgaria , Canada , Chile , China , Colombia , Croatia , Czech Republic , Denmark , Ecuador , Estonia , Finland , France , Germany , Hungary , Ireland , Israel , Italy , Japan , Jordan (as of October 24, 2004), Kenya , Kyrgyzstan , Latvia , Lithuania , Mexico , Netherlands , New Zealand , Nicaragua , Norway , Panama , Paraguay , Poland , Portugal , Republic Of Korea , Republic Of Moldova , Romania , Russian Federation , Singapore (as of July 30, 2004), Slovakia , Slovenia , South Africa , Spain , Sweden , Switzerland , Trinidad And Tobago , Tunisia , Ukraine , United Kingdom , United States , Uruguay , and Uzbekistan (as of November 14, 2004).

The 59th member of the UPOV and the first intergovernmental organization to join is the European Community (as of July 29, 2005).


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