International Convention for the Protection of New Varieties of Plants (UPOV Convention)

The UPOV Convention is an international treaty that provides a legal framework for the protection of new plant varieties, granting exclusive commercial rights to the breeders. To obtain protection, a new variety must meet certain criteria established by the Convention, and the duration of this protection varies depending on the type of plant and national legislation. The UPOV Convention entered into force on August 10, 1968, and has been revised on November 10, 1972, October 23, 1978, and March 19, 1991. Its different versions differ in the scope and duration of the breeder's rights. Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico, Nicaragua, Paraguay, Trinidad and Tobago, and Uruguay are party to the 1978 Act, which offers shorter and narrower protection to breeders of new plant varieties compared to subsequent Acts. Canada, Costa Rica, the United States, Panama, Peru, and the Dominican Republic are party to the 1991 Act, which provides broader and longer protection to breeders, including exclusive rights to produce, sell, and use the protected varieties.