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1 This pubication has been scanned from a paper copy and may have some discrepancies from the origina pubication. Cette pubication a été numérisée à partir d une copie papier et peut contenir des différences avec a pubication originae. Diese Veröffentichung wurde von einer Papierkopie gescannt und könnte Abweichungen von der originaen Veröffentichung aufweisen. Esta pubicación ha sido escaneada a partir de una copia en pape y puede que existan divergencias en reación con a pubicación origina. n:\orgupov\shared\pubications\_pubications_edocs\eectronic_pub\discaimer_scanned_documents_pubications.docx

2 ( IJPOV) NfWSfTTfA INTERNATIONALER VERBANO. ZUM SCHUTZ VON PFLANZENZUCHTUNGEN UNION INTERNATIONALE POUR LA PROTECTION DES OBTENTIONS VEGET ALES INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS No. 1 May 1980 Geneva CONTENTS page Information from UPOV The Internationa Union for the Protection of New Varieties of Pants in 1979 Deveopment of Pant Variety Protection Throughout the Word in Twentieth Session of the Consutative Committee, October Thirteenth Ordinary Session of the Counci, October Fourteenth Session of the Technica Committee, November Fourteenth Session of the Administrative and Lega Committee, November Fifteenth Session of the Technica Committee, March Statistics on the Protection of Pant Varieties in Membership of the Union (as of May 1, 1980) 1 Bibiography Information from Member States France and the Federa Repubic of Germany: Extension of the Agreement on Cooperation in Examination 16 Itay: Amendment of Decree No. 974 of August 1, Netherands: Extension of Protection 16 Spain: Accession to the UPOV Convention Switzerand: Extension of Protection 17 Switzerand: Modification of Annua Fees 18 Pubications by the Office of the Union Genera Introduction to the Test Guideines 18 List of Test Guideines Aready Pubished 18 Caendar. o

3 UPOV New~~ette~ No. 1 INFOR-1ATION FROH UPOV The Inte~nat~ona~ Un~on 6o~ the P~otect~on o6 New Va~~et~e~ o6 P~ant~ ~n 7979 Membe~~ h~p In 1979, the Internationa Union for the Protection of New Varieties of Pants (UPOV) recorded an increase in its membership from ten to eeven: the State of Israe deposited on November 1, 1979, its instrument of accession to the Internationa Convention for the Protection of New Varieties of Pants of December, 1961, and to the Additiona Act of November 10, 197, and thus became a member State of UPOV as from December 1, The other ten member States are: Begium, Denmark, France, Germany (Federa Repubic of), Itay, the Netherands, South Africa, Sweden, Switzerand and the United Kingdom. A member States, except the United Kingdom, are party to the Additiona Act. During 1979, the UPOV Convention as revised on November 10, 197, and on October, 1978, was signed by the foowing five States: Canada (on October 1, 1979), Ireand (on September 7, 1979), Japan (on October 17, 1979), Mexico (on Juy 5, 1979) and New Zeaand (on Juy 5, 1979). The cosing date for signature was October 1, 1979, by which date the revised Convention was signed by sixteen States--namey by a member States, with the exception of Israe, by the United States of America and by the States mentioned in the preceding sentenr~. So far r~ ~~et~~~e~t~ nf r~tifir~tion, acceptance or approva of the revised Convention or of accession thereto have been deposited. It is recaed that, in 1978, Spain made an app~cation f:or accession to the UPOV Convention of December, 1961, and to the Additiona Act of No.rember 10, 19 7, which the Counci unanimousy accepted at its fourth extraordinary session, on October 18, 1978; Spain deposited its instrument of accession on Apri 18, 1980, and became a member of UPOV on May 18, 1980 (see page 17 beow). The tabes appearing on pages 1 to 15 summarize the situation of the abovementioned States v..i.6.. ii.-v}.6 the various Acts ot t.ht= <..:unvent~un. During 1979, the various bodies of UPOV met as isted beow. indicated, the sessions took pace in Geneva. Uness otherwise The Counc~~ hed its thirteenth ordinary session on October 17 and 18, 1979, under the chairmanship of Mr. H. Skov (Denmark). A member States were represented, as were aso Ageria, Austria, Brazi, Canada, Chie, Iraq, Ireand, Israe (at that time a nonmember State), Japan, Morocco, New Zeaand, Norway, Poand, the Soviet Union, Spain, Thaiand and the United States of America. The European Economic Community was aso represented. The Counci took, inte~ a~ia, the foowing action: (i) It approved the annua report of the Secretary-Genera on the activities of the Union in 1978 and the report by the Secretary-Genera on his management and the financia situation of the Union in (ii) It estabished the program and budget for In particuar, the Administrative and Lega Committee was asked to continue its work on the various possibiities offered to member States for coser cooperation in the fied of pant variety protection, incuding further harmonization of nationa egisations in that fied, and to undertake the examination of a UPOV mode aw on pant variety protection. The Technica Committee was authorized to pubish the revised Genera Introduction to the Guideines for the Conduct of Tests for Distinctness, Homogeneity and Stabiity of New Varieties of Pants. (iii) It noted the progress achieved by the various committees and technica working parties in their work. (iv) It accepted the appication of Israe to accede to the UPOV Convention of 1961 and to the Additiona Act of 197.

4 UPOV New e~~e~ No. 1 The Con4u~a~~ve Comm~~~ee hed its nineteenth session on Apri 6 and 7, 1979, and its twentieth session on October 16, 1979, under the chairmanship of Mr. H. Skov (Denmark). Besides the discussion of some administrative matters, the Consutative Committee mainy reviewed at its nineteenth session the invitations of non-member States and intergovernmenta organizations to UPOV meetings and decided on the action to be taken in reation with the invitation of a consutant to the Junta of the Cartagena Agreement charged with estabishing a mode aw on pant variety protection for the States party to that Agreement (Boivia, Coombia, Ecuador, Peru, Venezuea) to visit the Office of the Union. At both sessions, it considered the poicy which member States were recommended to foow in the matter of transmitting examination resuts to non-member States, and which was abe to promote the deveopment of the Union and aso the exchange of information on varieties and genetic resources. The twentieth session was mainy devoted to the preparation of the thirteenth ordinary session of the Counci and to a discussion of the possibiity of hoding a UPOV Seminar on pant variety protection in Buenos Aires (Argentina) in connection with the ninth Panamerican Seeds Seminar, schedued to be hed in November or December The Adm~n~ ~~a~~ve and Le.gai Commi~.:te hed its third session on Apri 4 and 5, 1979, and its fourth session from November 14 to 16, 1979, under the chairmanship of Dr. D. Baringer (Federa Repubic of Germany). At its third session, in which Canada, Ireand, Japan, Norway, Spain, the United States ofjmerica and the Commission of the European Communities were represented by observers, the Committee adopted the foowing: the UPOV Mode Pant Breeders' Right Gazette, the UPOV mode forms for the invoicing of examination costs and for the designation of the sampe of the variety and the UPOV Form for the Transmitta [by one competent authority] of Observations on a Submitted Variety Denomination [to another authority]. At both sessions, the Committee examined the system appied by member States for the fees paid by appicants and for the remuneration paid by the authorities receiving examination reports to the authorities providing such reports, and prepared a draft Recommendation on Fees in Reation to Cooperation in Examination. The fourth session, in which Canada, Ireand, Spain, the United States of America and the Commission of the European Communities were represented by observers, was mainy devoted to two major issues: the preparation of a UPOV mode aw on pant variety protection and the investigation of the possibiities of introducing coser cooperation between member States in pant variety protection matters, incuding the possibiities of further harmonizing nationa egisations in this fied. Finay, the Committee prepared at that session a UPOV Mode Form for the Interim Report on the Examination of a Variety. The Te~hni~a Comm~~~ee. hed its thirteenth session from March 6 to 8, 1979, and its fourteenth session from November 1 to 14, 1979, under the chairmanship of Mr. A.F. Key (United Kingdom). The main business of that Committee was the revision of the Genera Introduction to the Guideines for the Conduct of Tests for Distinctness. Homogeneity and Stabiity of New Varieties of Pants. A revised version thereof was adopted at the fourteenth session. It contains genera considerations on data recording and interpretation in the examination of pant varieties for distinctness, homogeneity and stabiity and information on how the Guideines pertaining to individua species are estabished and are to be used. Aso at both sessions, the Committee considered the state of cooperation in examination and various proposas for intensifying and diversifying such cooperation, in particuar in the fied of aboratory tests and tests reating to the resistance of varieties against pests and diseases. As in previous years, the Committee supervised the work of the five technica working parties. It adopted eeven new Test Guideines, namey those for Chrysanthemum (TG/6/4), for Peargonium (TG/8/5), for Liy (TG/59/), for Back Radish (TG/6/), for Radish (TG/64/), for Kohrabi (TG/65/), for Lupins (TG/66/), for Berberis (TG/68/), for Forsythia (TG/69/), for Apricot (TG/70/) and for Hazenut (TG/71/). The Committee considered, at its thirteenth session, a number of proposas for a different grouping of species of vegetabes for the purpose of the provision of the Convention according to which the denomination proposed for a variety had to be different from every denomination which designated an existing variety of the same botanica species or of a cosey reated species and agreed that the present grouping shoud be maintained. Finay, the Committee considered two further questions of some importance at its fourteenth session: whether member States, receiving, for the purpose of the examination, materia of a variety that is the subject of an appication for protection shoud distribute sampes of that variety to the other member 1 Concerning the pubication of the Test Guideines for Back Radish, Radish and Kohrabi, see page 18 beow.

5 4 UPOV New~ette~ No. 1 States that examine varieties of the same species in order to enabe them to incude that variety in their reference coections; the probems arising from the fact that in certain species it was reativey easy to seect a mutant out of a protected variety, or to deveop a new type, that was sufficienty simiar to the origina variety to benefit from the atter's reputation and sufficienty distinct from it to aow protection to be euded. As to the first issue, it was decided that the present practice shoud be maintained, that is, the authorities shoud inform one another of the appications received and shoud transmit materia ony on request. The second issue wi be further discussed, with particuar reference to the impications of the use of sophisticated methods such as biochemica anaysis by means of eectrophoresis, chromatography, etc. The Technica Wo~Qing Pa~ty 6o~ Ag~icutu~a C~op~ hed its eighth session in Versaies (France) from May 1 to, 1979, under the chairmanship of Miss Jutta Rasmussen (Denmark). It competed the draft Test Guideines for Lupins and for Sheep's and Red Fescue for submission to the Technica Committee, prepared a first draft for revised Test Guideines for Maize and continued work on the draft for revised Test Guideines for Ryegrass. It aso studied, in particuar, probems connected with the exchange of seed between authorities examining varieties of the same species, the requirement of consistency in the differences between two varieties, the definition of the states of expression of the 1 to 9 scae in the case of quantitative characteristics with an open-ended or a imited range of variation and the question of synthetic varieties. The Technica Wo~Qing Pa~ty fio~ Vegetabe~ hed its twefth session at Cavaion (France) from June 1 to 14, 1979, under the Chairmanship of Mr. J. Brassier (France). It finaized its work on the draft Test Guideines for Back Radish, for Radish and for Kohrabi and prepared first drafts for Test Guideines for Ceeriac, for Cornsaad and for Sweet Pepper, as we as a working paper for revised Test Guideines for Pea. The Technica Wo~Qing Pa~ty fio~ O~namenta Pant~ hed its twefth session at Hanover (Federa Repubic of Germany) from Juy 17 to 19, 1979, under the chairmanship of Mr. A. George (United Kingdom). I~ finaized its work on the draft Test Guideines for Berberis, for Chrysanthemum, for Forsythia and for Peargonium and prepared first drafts for Test Guideines for Gerbera and for Kaanchoe, a first draft for revised Test Guideines for Rose and a working paper on Test Guideines for White Cedar. It aso discussed the question of distinctness in vegetativey propagated pants, with particuar regard to the probems raised by the fact that in certain species mutants coud easiy be obtained. The Technica Wo~Qing Pa~ty 6o~ Fo~e~t T~ee~ hed its seventh session at Wageningen (Netherands) on September 5 and 6, 1979, under the chairmanship of Mr. F. Schneider (Netherands). It prepared a first draft for revised Test Guideines for Popar in the ight of comments received from the Internationa Popar Commission and continued work in respect of Wiow and Norway Spruce. Furthermore, it checked the working paper for draft Test Guideines for White Cedar prepared by the Technica Working Party for Ornamenta Pants. The Technica Wo~k.ing Pa~-ty 6oft F~ui.t Cftop~ hed its tenth session at San Giuiano (France), from January 0 to February 1, 1979, under the chairmanship of Mr. A. Berning (Federa Repubic of Germany). It finaized its work on the draft Test Guideines for Apricot and for Hazenut and prepared a first draft for Test Guideines for Backberry. It aso continued its discussion on a working paper for draft Test Guideines for Citrus and started revising the Test Guideines for Appe. Reation~ o6 the UPOV 066ic.e with S:ta.te~ and O~ganization~ The Vice Secretary-Genera of UPOV participated in the annua meeting of the Internationa Association of Pant Breeders for the Protection of Pant Varieties (ASSINSEL) and the Congress of the Internationa Federation of the Seed Trade {FIS), both hed at Interaken {Switzerand). He aso attended the thirty-first Congress of the Internationa Association of Horticutura Producers {AIPH), which was ne in Herzaiya (Israe). In connection with that mission, he paid a visit to th~ Isrnei Ministry of Foreign Affairs and the Israei authorities responsibe for pant breeders' rights, in view of the then anticipatec acession of Israe to UPOV.

6 UPOV Ne.w-6fe.t Le.f. No. 1 5 Furthermore, the Vice Secretary-Genera attended a meeting of the Specia Committee for the Protection of Pant Breeders' Rights of the German Association for Industria Property and Copyright (GRUR) which was hed at Scharnhorst (Federa Repubic of Germany) at the tria station of the German Federa Pant Varieties Office. The Vice Secretary-Genera participated, in Washington, D.C., in discussions concerning the envisaged amendments of the United States Pant Variety Protection Act with representatives of the State Department, the Patent and Trademark Office and the Pant Variety Protection Office of the United States. Moreover, he had contacts with the Japanese Ministry of Agricuture and other Japanese authorities in Tokyo, which were soon foowed by the Japanese signature of the Revised Text of the UPOV Convention. One staff member attended a meeting of the Internationa Popar Commission in Lisbon (Portuga) to expain the position of UPOV with respect to the estabishing of Test Guideines for Popar. In cooperation with the Junta of the Cartagena Agreement (Lima, Peru), UPOV organized the visit of a consutant from that Junta to Geneva for discussions concerning the estabishing of a mode aw on pant variety protection for the States party to the Cartagena Agreement. PubU c.atj..o V-6 In 1979, the Office of the Union pubished four issues of the UPOV Newsetter. It aso pubished, in separate brochures in Engish, French and German, the texts of the UPOV Convention of 1961, the Additiona Act of 197 and the Revised Text of the UPOV Convention of Ve.ve.opme.nt o6 Pant VaJr.J..e.ty PJr.ote.c.tJ..on Thf.oughout the. WoJr.d J..n 7979 Foowing estabished practice, the representatives of the States having participated in the thirteenth ordinary session of the Counci (October 17 and 18, 1979) briefy reported on the deveopment of pant variety protection in their countries. The representative of the European Economic Community aso made a statement. A summary of the statements is given hereinafter. The representative of Begium said that it had been possibe, as a resut of coaboration with other member States, to increase the number of species protected in his country from 7 to 58. So far, biatera agreements on cooperation in examination (hereinafter referred to as "biatera agreements") had been concuded with France, the Federa Repubic of Germany and the Netherands and informa agreements existed with Denmark and the United Kingdom. Since pant variety protection became effective in his country on October, 1977, some 179 appications for protection had been received and 106 tites of protection had been granted. The scope of protection afforded to agricutura and vegetabe species had been extended by the Roya Decree of February 1, 1979, and now incuded not ony seeds but aso pants or parts of pants marketed with a view to their being panted. Regarding the genus Ribes, protection had been extended to interspecific hybrids. Draft egisation had been prepared to aow approva of the Revised Text of the UPOV Convention (hereinafter referred to as "the Revised Text") and to modify his country's pant variety protection aw. A draft of the Dutch officia text of the Revised Text was being studied jointy by the authorities of the Netherands and of Begium. The representative of Denmark said that 9 appications for protection had been received in the current year. Protection had been extended to autumn and winterfowering types of Epiphyum and to Kaanchoe. The biatera agreement with the Federa Repubic of Germany woud be extended in the near future to incude roses.

7 6 UPOV New ietten No. 1 Kaanchoe and Peargonium, which had so far been tested for his country on an informa basis, woud aso be formay added to that agreement. It had been agreed informay with Begium that Denmark woud test varieties of red cover and white cover for that country. The representative of France said that some, appications for protection had been received since the UPOV Convention was appicabe in his country. Appications were now being received at a rate of about 00 per annum, and were most numerous for maize ines and chrysanthemums. Tites of protection were in force for some 1,000 varieties and 10 of the first 0 tites granted were sti vaid. He woud wecome information from other member States on the average ife of tites of protection. France needed to amend its pant variety protection egisation to enabe it to ratify the Revised Text. The opportunity woud be taken to consider a number of provisions in the egisation which might be too cosey dependent on industria property egisation. He had istened with great interest to the hope expressed by the representative of the Federa ~epubic of Germany regarding the next session of the Administrative and Lega Committee. He thanked the Office of the Union for the work put into the draft UPOV Mode Law, which woud aready be very vauabe in preparation for the amendment of his country's egisation. The representative of the Federa Repubic of Germany said that protection had been extended to three further species. The Bundessortenamt (Federa Pant Varieties Office) woud carry out tests itsef for those additiona species and woud be prepared to test them for other member States of the Union. Existing biatera agreements with Begium, the Netherands and Switzerand had been extended and now covered 9, 1 and 1 species respectivey. Extensions of the biatera agreements with Denmark and the United Kingdom were under consideration. A tota of 60 appications for protection had been received in the year ended June 0, 1979, against 601 in the preceding year. The Federa Repubic of Germany fet that its preparatory work to enabe ratification of the Revised Text shoud be coordinated with such work in other European member States of the Union and it therefore ooked forward to progress being made at the November 1979 session of the Administrative and Lega Committee with the harmonization of nationa egisations. The representative of Itay said that 171 appications for protection had so far been received and the first nine patents were about to be issued. A decree had been prepared to increase the number of species protected from 10 to 67. The Ministry of Industry woud undertake the pubication of a gazette containing reevant information on pant variety protection matters. The Ministry of Agricuture and Forestry had aready expressed a favorabe opinion with regard to ratification of the Revised Text by his country. The representative of the Netherands said that the progress stimuated by the creation and introduction of new varieties, and, in particuar, the part payed by pant variety protection, had been fuy recognized in his country. The number of appications for protection received annuay was stabe except for ornamenta varieties where it was increasing dramaticay. Cooperation in examination was of great vaue in reducing testing costs but coud resut in increases in administrative costs and in the period required for decisions on appications. His country woud therefore discuss with other member States, as necessary, the possibiity of improving the efficiency of the system. With effect from September 1, 1979, the testing fee in his country had been increased to guiders to cover tests during two growing periods. Protection woud be extended to a few more species in the near future. Preparatory work towards ratification of the Revised Text had started but the eventua timing depended, of course, on his country's Pariament. The representative of the Repubic of SoUth Africa said that in his country the UPOV Convention was appied to 8 species. Tites of protection were in force for 59 varieties and appications in respect of a further 69 varieties were under consideration. Foreign breeders had shown an increasing interest in obtaining protection for their varieties in South Africa. The first issue of the quartery South African Pant Varieties Journa had been pubished in January 1979 and was based on the UPOV Mode Pant Breeders' Rights Gazette. The South Africet_n Pa,..,_t Breeders' Rights Act woud most probaby be amended eary in Once the Amendment Act beca!e i.aw us country w HJ i ri hi-' '",.. pns' t:.lon t c r.=.t ry -r::he Revised Text.

8 UPOV New~ietten No, 1 7 The representative of ~weden said that amendments were being prepared to adapt his country's egisation to the Revised Text. The UPOV Convention was appied to amost a of the agricutura and vegetabe species cutivated in Sweden and to 1 ornamenta species. Since 1971 ony some 450 appications for protection had been received. About 190 appications and tites of protection had been withdrawn or surrendered and there were ony 10 tites in force. He beieved the main reason for the imited use of the system in his country was a domestic one in that the testing fee which had been 0 Kronor in 1971 was now, Kronor. The representative of Switzerand said that during the two and a quarter years' existence of the Pant Variety Protection Office 5 appications for protection had been received. Five tites of protection had been granted and a further 11 were expected to be granted in November He reported in detai on the anticipated extension of protection to further species from January, 1980, and on the panned scae of testing fees. That extension had been made possibe as a resut of the cooperation of the authorities in Denmark, France, the Federa Repubic of Germany, the Netherands and the United Kingdom. Biatera agreements were in force with the Federa Repubic of Germany and France, another had been concuded with the Netherands and an extension woud soon be concuded with France. Forma agreements with Denmark and the United Kingdom were under discussion. At the ast ordinary session of the Counci the Netherands had proposed that Switzerand shoud offer faciities for testing varieties of fenne. That proposa had borne fruit and France and the Netherands had responded to such an offer. With regard to the Revised Text, proposas aready existed to adapt the Pant Variety Protection Law and it was hoped that they woud be passed at the March 1980 session of the Federa Assemby. The representative of the United Kingdom said that the past year had seen no major poicy changes in pant variety protection matters in his country. Since 1965 a tota of,9 appications for protection had been received and 1,609 tites had been granted, of which 846 remained in force. During the year ended March 1, 1979, there had been 41 appications and 155 tites had been granted. More tites woud probaby have been granted but for two outbreaks of white rust which had deayed the testing of chrysanthemum varieties. The main interest in his country was in the major agricutura and ornamenta species. More than 00 appications had been received for each of the species wheat, barey, ryegrass, rose and chrysanthemum. He wished to assure member States for which his country tested chrysanthemum varieties that every effort was being made to cear the backog caused by the outbreaks of white rust. Resources were, however, stretched to the imit. With regard to ratification of the Revised Text, it had been hoped to bring forward amending egisation in 1979 but it now seemed that pariamentary time was unikey to be avaiabe unti He endorsed the statement of the representative of the Netherands regarding the vaue of pant variety protection. On the basis of amost 15 years' experience, that was evident in his country in the advance in the quaity of marketed varieties and in the yieds being achieved. The representative of Ageria said that his country was participating for the first time. It wished, above a, to gain an understanding of the mechanics of pant variety protection and woud probaby seek advice from the Office of the Union regarding the estabishment of an effective system. The representative of Austria said that draft pant variety protection egisation was sti under consideration by various government authorities. Athough certain probems remained to be resoved, it had been found that such egisation coud coexist with his country's patent egisation. Some changes had aready been introduced into the draft and it woud be possibe to adapt it to the Revised Text. The representative of Brazi said that he woud report to his Government on the exchange of information, which he had foowed with interest.

9 8 UPOV New~ette~ No. 1 The representative of Chie said that the Agricuture and Livestock Service of the Ministry of Agricuture, which had responsibiity for seeds matters in his country, had taken an interest in the work of the Union even before the introduction of pant variety protection egisation in Chie. It appreciated the good working reationship that had deveoped and the vauabe assistance that it had received in preparing its egisation, and aimed to join the Union. Reguations to impement Decree Law No of Apri 1977 had been introduced in Decree No. 188 of June He reported in some detai on the structure of the Office of the Registrar of Property and on the scope of and access to pant variety protection. Protection was currenty avaiabe in respect of a cutivated agricutura species. He cited: afafa, rice, barey, beans, maize, potato, sugar beet, red cover, Triticum durum and wheat. The extension of protection to further species, incuding horticutura and fruit species, was being considered. Variety testing was carried out in conformity with the UPOV Test Guideines. So far, 11 appications for protection had been received and 6 tites of protection had been granted in the current year. Reevant information was being pubished in a quartery buetin. The representative of Iraq said that Iraq, as a deveoping country, depended on the introduction of new foreign varieties. Those varieties were tested officiay and ony suitabe ones were reeased. As yet there was no pant variety protection egisation in his country and it woud be premature to participate in the activities of UPOV. The representative of Ireand said that it was an honor for him to announce that his country had signed the Revised Text on September 7, 1979, and hoped soon to be a member of the Union. The work of drafting pant variety protection egisation had been competed and the Bi was being presented to Pariament that day, which was the first day of the new session. In drafting the Bi his authorities had been infuenced by the Revised Text. They had made use of the best aspects of various nationa aws and had found the draft UPOV Mode Law of hep. He wished to acknowedge the assistance and advice received from the Counci, the Secretariat and a number of member States of the Union, in particuar, the United Kingdom, Switzerand and Begium. It was intended to afford protection initiay to wheat, oats, barey, ryegrass, potato and white cover. The representative of Japan said that the Seeds and Seedings Law, which had been enacted in June 1978 in pursuance of his country's aim to join UPOV, had come into force on December 8, The Seeds and Seedings Division of the Ministry of Agricuture, Forestry and Fisheries had been created in Apri 1979 to impement the system. There were currenty 8 examiners and 8 staff and the number of examiners woud be increased progressivey. Aready 71 appications for protection had been received, incuding appications from the United States of America and from the Netherands. It was expected that the first 19 tites of protection woud be granted in October The Seeds and Seedings Law appied currenty to 65 species and it was panned to increase that number. He was honored to report that the Japanese Ambassador had signed the Revised Text that morning. Japan panned to ratify the Revised Text as soon as possibe and hoped that other States woud aso ratify it and make it effective. The representative of Morocco said that his Government considered the creation of a private, nationa pan~breeding industry to be essentia. A nationa cataogue of varieties had aready been estabished as the first of a number of steps. As a resut, rights in new varieties were recognized. In testing for distinctness, homogeneity and stabiity use was made of the UPOV criteria. The introduction of pant variety protection egisation was being studied and Morocco hoped to be in a position to join UPOV shorty. The representative of New Zeaand said that he wished to thank the Office of the Union for the great assistance given to his country. He had the honor to announce that New Zeaand had signed the Revised Text on Juy 5, 1979, and intended to appy for membership of the Union eary in At October 1, 1979, a tota of 16 appications for protection had been received, incuding 108 appications from foreign breeders. Tites of protection had been granted in respect of 5 varieties and decisions were pending in respect of a further 64 varieties. Consideration was being given to extending protection to a further four species, namey, wheat, oats, swede and turnip. With effect from August 1, 1979, testing arrangements in his country had been changed. Tests were now conducted by breeders under the supervision of the Pant Varieties Office rather than by that Office.

10 UPOV New~fe~~e~ Noo Z1 9 The representative of Norway said that pant variety protection egisation did not yet exist in his country. Private agreements had been concuded, however, with Swedish and Dutch breeders under which royaties were paid. Athough breeding programs were sma in scae and narrowy aigned to Norwegian requirements, it had been decided to introduce pant variety protection egisation and the first draft was amost competed. No decision had so far been taken regarding membership of the Union. The representative of Poand said that he had the honor to report that the necessary preparatory work for the introduction of pant variety protection egisation had been competed. The draft aw, which woud aso reguate the production, certification and commerciaization of seeds, and the impementing reguations had been submitted to the Minister of Agricuture for approva. They shoud then be submitted to the Government and finay to the Chamber of Deputies. He thanked the experts of the member States of the Union, the Secretary-Genera and the Office for a the assistance given, which had enabed successive drafts of the Poish egisation to be adapted to the requirements of the UPOV Convention. The representative of the Soviet Union said that protection was extended to a species cutivated in his country. At present there were some,000 varieties in cutivation. A draft aw was under consideration regarding the cataoguing of varieties. There was a continuing interest in the technica aspects of testing and it was fet that variety identification on the basis of morphoogica characteristics was currenty far from idea. The representative of Spain said that, foowing the favorabe decision of the Counci of UPOV in October 1978 on his country's appication for accession, the UPOV Convention of 1961 had been submitted to Pariament for consideration. He understood that the main reason for the deay in depositing the instrument of accession had been the heavy pressure of pariamentary work in the current year. He hoped, however, that instructions to deposit the instrument woud be received very shorty. The Spanish authorities had decided to deay signing the Revised Text unti the Pariament's decision regarding the UPOV Convention of 1961 was known. If that decision was taken in time, Spain woud sign the Revised Text: if not, it woud foow the procedure estabished therein. Since December 1978, when pant variety protection egisation had entered into force in his country, three issues of the Officia Buetin of Pant Breeders' Rights had been pubished and the fourth was in preparation. Appications for protection so far totaed 4, of which 58 had been fied by Spanish breeders. For the time being, a the necessary variety testing work woud be conducted in Spain but efforts woud be made in the near future to estabish biatera agreements with member States of the Union. The first meeting of the Pant Breeders' Rights Committee woud take pace next week in Madrid and it was possibe that the first proposas for the granting of tites of protection woud then be made to the Minister of Agricuture. The representative of Thaiand said that he had foowed with interest the statements made. He noted that his country had not previousy been represented at a session of the UPOV Counci. The representative of the United States of America said that his Government had determined that it coud adhere to the Revised Text on the basis of the Pant Patent Act. It wished to adhere at the eariest possibe opportunity and expected to deposit an instrument of acceptance, which woud have the same effect as an instrument of ratification. On the other hand, the Pant Variety Protection Act required amendment to adapt it to the Revised Text. A Bi to that effect was pending in Congress and woud probaby be enacted ony after the instrument of acceptance had been deposited. Once that Bi had been enacted, his Government woud notify the Secretary-Genera of the appication of the Revised Text to the Pant Variety Protection Act. As far as protection of sexuay reproduced varieties under the Pant Variety Protection Act was concerned, it was reported that the computerization of variety de!=:r.ript"! on~ had been competed for 57 crop!=: for whi r.h ;mn i r.at:i.ons were beinq received. ~in,..,t::j t'ht=-.- nr+- t~r~c r: ~r~r.c-":", 'i.- ~fit"' :-. f.r\t-r t. (,~!': '""0\'-..' 1 '-~;;)+-c.c r'\+ protectior had been issued and 14,59 variety descriptions computerized. At the 1 The instrument was deposited in the meantime (see page 17 beow).

11 1 0 UPOV New~ette~ No. 1 date on which the report was written, that is, mid-september 1979, the statistics on progress were as foows: - Number of appications received... - Number of appications received in fisca year 1978 (having started on October 1, 1977) Number of appications received in fisca year Number of appications received from non-residents.... -Number of appications received from experiment stations.. - Number of appications abandoned, ineigibe, withdrawn or denied Number of certificates of protection issued.. - Number of appications pending , Certificates of protection were issued in 5 species, in particuar in the foowing: soybean (1 certificates), pea (77), bean (7), wheat (7), cotton (70), ettuce (8), marigod (16), barey (14), oat (11), China aster (10), buegrass (10), tobacco (10), nasturtium (9), ryegrass (9), rice (9), peanut (7). In fisca year 1979, 8 certificates were issued. The representative of the European Economic Community said that the Commission of the European Communities paced great importance on the cosest cooperation with UPOV. The guideines for testing varieties for incusion in the Common Cataogues had been brought more into ine with the UPOV Test Guideines. He hoped that it woud be possibe by means of continuing cooperation to avoid doube effort. He noted that eight of the nine members of the Communities had signed the Revised Text. Twe.ntie..th Se.J.>J.>ion ofi the. ConJ.>u.Ua.tive. Committee., Oc..tobe.Jt 7979 ThiJtte.e.nth OJtdinaJty SeJ.>J.>ion o6 the. Counc.i, Oc..tobeJt 7979 FouJtteenth SeJ.>J.>ion o6 the Te.c.hnic.a Committee., Nove.mbeJt 7979 FouJtth SeJ.>J.>ion ofi the AdminiJ.>tJtative and Lega Committee, NovembeJt 7979 See "The Internationa Union for the Protection of New Varieties of Pants in 1979," starting on page of this issue. Fifiteen.th SeJ.>J.>ion ofi the Tec.hnic.a Committee, MaJtc.h 1980 The Technica Committee hed its fifteenth session on March 18 and 19, 1980, under the chairmanship of Mr. A.F. Key (United Kingdom). A member States, except Israe and Itay, were represented. The main business of the session was as foows: The Committee had a first exchange of views on the impications of the use of sophisticated methods for the testing of varieties, in particuar in reation to distinctness, and the consequences on pant variety protection as a whoe. The Committee examined the need for the submission of a further seed sampe for testing in the second growing season. The Committee studied the need for the testing of the parents of hybrids in addition to the testing of the hybrid itsef. The Committee examined the possibiities and the need for harmonization and cooperation in the testing of varieties for resistance to pests and diseases. Discussions on these topics wi be continued at the Committee's sixteenth session.

12 UPOV New~ etten No STATISTICS ON THE PROTECTION OF PLANT VARIETIES IN 1977* Chart I: Appications fied and tites of protection (specia tites, patents, inventors' certificates) issued in 1977; tites having ceased to be in force in 1977; tites of protection in force on December 1, 1977 Appications fied by Tites of protection issued to Tites having Tites in Countries Non- Non- ceased to be force on Resi- Resi- Resi- Resi- in force December 1, dents dents Tota dents dents Tota in Begium Bugaria Denmark France Germany (Fed. Rep. of) Hungary Israe Itay Netherands New Zeaand South Africa Sweden Switzerand United Kingdom United States of America *Estabished on the basis of information suppied by the competent authorities of the various States. For the statistics for the preceding years, see UPOV Newsetter No. 6 and No. 1. 1The figures above the dotted ine refer to specia tites of protection. dotted ine refer to patents. The figures beow the Incuding 4 pant patents granted in The figures above the dotted ine refer to sexuay reproduced varieties protected under the Pant Variety Protection Act. The figures beow the dotted ine refer to asexuay reproduced varieties protected under the Patent Act.

13 7 UPc'V,\Je_w~.>.te.tteJt No. 1 Chart II: Appications fied by and tites of protection issued to non-residents in 1977, broken down by country of origin.-.-.j.)..-j f.o ~ ;:: 0, 0 Q) E~ Q) Ci ~ E "' ~ Q)? '0 ~..- "' Q) ~ H U '0 ~..- "' ~ Q)..c:.j.) Q) z '0 ~..- "' "' Q) N U Q) "'.j.).-j.j.) "' Q) ~ U!ij '0 Q)'+;.j.) 0.- ~ p " ti ~ Q)..c:.j.) 0 Begiurn 1 * * Denmark * France * 10 6 so 70 5 Germany (Federa Repubic of) * Israe 7 4 Itay 17 * 19 Netherands * New Zeaand * 5 5 South Africa Sweden * Switzerand * 1 United Kingdom * ~_~_i_!m_e_~_r_:_~_=_i_e_s -_~_-_-~_; [~: -_~_-_-_-~--~----~-_;_-_-~I_-_i_-_-_L-_i_-_----~_:_-~--~_1_-J_-_-_:_--L -_=:_-_-~,--_~----~--i_-_-_l-_-_;_- i_-_l-_i_i_-_-_-, Genera remark: For each reporting country, the first ine of figures refers to appications and the second ine to the tites of protection issued. 1 See footnote, Chart I See footnote, Chart I *Detai (the figure before the sash refers to appications and the figure after the sash to tites of protection issued): Denmark: Austria: Itay: Mexico: Netherands: Cura~ao Liechtenstein Suriname / / / -/1 5/- New Zeaand: South Africa: United States of America: British West Indies -/1 Southern Rhodesia /- c.,aoa -/1 Costa Rica /- Norway -/1

14 Membership of the Union (as of May 1, 1980) Internationa Convention for the Protection of New Varieties of Pants of December, 1961 Ratification State Signature or Accession Begium December, 1961 November 5, 1976 Denmark November 6, 196 September 6, 1968 France December, 1961 September, 1971 Germany (Federa Repubic of) December, 1961 Juy 11, 1968 Israe - November 1, 1979 Itay De.cember, 1961 June 1, 1977 Netherands December, 1961 August 8, 1967 South Africa - October 7, 1977 Spain - Apri 18, 1980 Sweden - November 17, 1971 Switzerand November 0, 1961 June 10, 1977 United Kingdom November 6, 1961 September 17, 1965 (Tota: 1 States) Date of Entry into Effect December 5, 1976 October 6, 1968 October, 1971 August 10, 1968 December 1, 1979 Juy 1, 1977 August 10, 1968 November 6, 1977 May 18, 1980 December 17, 1971 Juy 10, 1977 August 10, 1968 s::: 0 " z:: I" ~ ~ I" <"!. <"!. I" ;::. z:: 0 ""

15 Additiona Act of November Amending the Internationa Convention!:;: I I I for the Protection of New Varieties of Pants ~atification ~tate Signature or Accession -- Date of Entry into Ef1'ect Begium November November Denmark November February France November January Germany (Federa Repubic of) November Juy Israe - November Itay November June Netherands November January South Africa - October Spain - Apri sweden January 11, 197 January 11, 197 February February February February December Juy February November May 18, 1980 February 11, 1977 Switzerand November 10, 197 June 10, 1977 United Kingdom November 10, (Tota: 1 States) I Juy 10, c: c:. " <:::: : ('::> I t M I~ IK i: 'o ""

16 UPOV New4ie~~e~ No Internationa Convention for the Protection of New Varieties of Pants of December, 1961, as Revised at Geneva on November 10, 197, and on October, 1978 State Signature Begium October, 1978 Canada October 1, 1979 Denmark October, 1978 France October, 1978 Germany (Federa Repubic of) October, 1978 Ireand September 7, 1979 Itay October, 1978 Japan October 17, 1979 Mexico Juy 5, 1979 Netherands October, 1978 New Zeaand Juy 5, 1979 South Africa October, 1978 Sweden December 6, 1978 Switzerand October, 1978 United Kingdom October, 1978 United States of America October, 1978 (Tota: 16 States) BIBLIOGRAPHY KOMISSAROV (A.A.) Osobennosti pravovo okhrany seectsionnykh dostizheni v SSSR. [The particuar features of ega protection of new pant varieties in the USSR] ~n: Voprosy izobretate'stva, 1979, No. 11, pp LODI (Lodo) Osservazioni sue modifiche apportate da D.P.R. 8 de 1979 in tema di protezione dee novita vegetai ~n: Leggi e decreti d'interesse agrario, Nov. 1979, No. 11, pp. XIII-XXX. LODI (Lodo) Sue denominazioni varietai in: Rivista di diritto industriae, 1979, No., pp

17 16 UPOV New~fette~ No. 1 INFORMATION FROM MEMBER STATES F~ance and the Fede~af Repubic o6 Ge~many: Exten~ion o6 the Ag~eement on Coope~ation in Examination The Administrative Agreement providing for cooperation in the examination of pant varieties for distinctness, homogeneity and stabiity concuded between the Comite de fa p~otection de~ obtention~ vegetate~ (CPOV - Committee for the Protection of New Pant Varieties) and the G~oupe d'etude et de cont~ofe de~ va~iete~ et de~ ~emence~ (GEVES - Group for the Study and Contro of Varieties and Seeds) of France, on the one hand, and the Bunde~~o~tenamt (BSA - Federa Pant Varieties Office) of the Federa Repubic of Germany, on the other hand, was extended as foows, with effect from February 15, 1980: (i) the BSA wi aso examine varieties of the foowing species on behaf of the CPOV (for pant variety protection purposes): Latin Engish French German Peargonium-Petatum-Hybrids (Syn.: Peargonium petatum hort. non (L.) L'Herit. ex Ait.) Peargonium-Zonae-Hybrids (Syn.: Peargonium X hortorum L.H. Baiey, Peargonium zonae hort. non (L.) L'Herit. ex Ait.) Ivy-eaved Peargonium Zona Peargonium Geraniumierre Peargonium zonae Efeupeargonie Zonapeargonie Their hybrids Leurs hybrides Deren Hybriden (ii) the BSA wi aso examine varieties of the foowing species on behaf of the GEVES (for nationa isting purposes): Latin Engish French German Raphanus sativus L. var. oeiformis Pers. (Syn.: Raphanus sativus L. ssp. oeifera (DC.) Metzg.) Fodder Radish Radis oeifere Orettich The species that were hitherto covered by this Agreement were isted in UPOV New~fette~ No. 17, on page 14. Itay: Amendment o6 Vec~ee No. 974 o6 Augu~t 1, 1975 Decree No. 974 of August 1, 1975 (Gazzetta ufi6iciate No. 109 of Apri 6, 1976), containing the Standards for the Protection of New Pant Varieties was amended by virtue of Decree No. 8 of Juy, 1979 (Gazzetta u66iciate No. 15 of August 7, 1979), which amends patent egisation with a view to its being adapted to the internationa treaties in the fied of patents for industria inventions which have been or wi be ratified by Itay. Nethe~tand~: Exten~ion o6 P~otection By virtue of the Order No. 677 of November, 1979 (Staat~btad ), Amending the Pant Breeder's Right Order 1975 (see UPOV New~tette~ No., page 8), protection was extended to the foowing (the Latin and Dutch names appear in the above-mentioned Order, whereas the Engish, French and German common names have been added, without guarantee of concordance, by the Office of the Union):

18 UPOV New~etie~ No Latin Dutch Engish French German Bougainviea Bougainvie Bougainviea Bougainviier Bougainviea Comm. Kaanchoe Kaanchoe Kaanchoe Kaanchoe Kaanchoe Adans. Liatris Gaertn. Liatris Bazing Star, Liatris Prachtscharte ex Schreb. Gay father Ribes L. Bes, voor Currants, Cassis, Johannisbeeren, zover geen Gooseberry, Groseiier, Stachebeere, siergewas excuding sauf varh~tes ausser ornamenta ornementaes Ziersorten varieties The entries "Ribes L. -rode bes," "Ribes nigrum L. - zwarte bes" and "Ribes uva-crispa L. - kruisbes" were deeted, since these species are now covered by the entry "Ribes L." By virtue of the Order No. 759 of December 4, 1979 (Staat~bad ), Amending the Roya Order No. 6 of Apri 5, 1967 (Staat~bad ), concerning the Impementation of Section 18, Paragraph (), of the Seeds and Panting Materias Act, the ist of crops faing under Section 18() of the said Act was extended by the foowing: Latin Dutch Engish French German Loium X hybridum Hausskn. Gekruist raaigras Hybrid Ryegrass Ray-grass hybride Bastardweidegras, Odenburgisches Weidegras The ist of crops which was hitherto in force was pubished in UPOV New~ette~ No., on page 1. It is recaed that Section 18 of the Seeds and Panting Materias Act provides for the entry of varieties in the Netherands Register of Varieties. According to paragraph (), varieties of crops--other than those which are eigibe for protection- which are defined by administrative order, may be entered in the Register at the breeder's request. According to Section 85 of the Seeds and Panting Materias Act, the effect of the entry of a variety in the Register by virtue of Section 18() is that the variety can ony be offered for sae or exported by the breeder or by the person who has obtained from the breeder foundation stock suitabe for the production of propagating materia. A imited protection is thereby constituted. On Apri 18, 1980, in accordance with the prov~s~ons of Artice of the Convention and of Artice V(5) of the Additiona Act, the Government of the Spanish State deposited its instrument of accession to the Internationa Convention for the Protection of New Varieties of Pants of December, 1961, and to the Additiona Act of November 10, 197. Thus the Convention, as amended by the Additiona Act, wi enter into force with respect to the Spanish State on May 18, For the ist of species to which pant variety protection egisation is appied in the Spanish State, see UPOV New~ette~ No. 16, page 16. Sw~tze~and: Exten~~on o6 P~oteet~on By virtue of the amended annex to the Pant Variety Protection Order, which was approved by the Federa Counci on November 7, 1979, and entered into force on January, 1980, protection was extended to further genera and species.