The functions of UPOV
The main activities of UPOV are concerned with promoting international harmonization and cooperation, mainly between its member States, and with assisting countries in the introduction of plant variety protection legislation. A smoothly operating international trade requires uniform, or at least mutually compatible, rules.
The fact that the UPOV Convention defines the basic concepts of plant variety protection that must be included in the domestic laws of the members of the Union leads, in itself, to a great degree of harmony in those laws and in the practical operation of the protection systems. Such harmony is enhanced, firstly, through specific activities undertaken within UPOV leading to recommendations and model agreements and forms and, secondly, through the fact that UPOV serves as a forum to exchange views and share experiences.
UPOV has established a detailed set of general principles for the conduct of the examination of plant varieties for distinctness, uniformity and stability, and more specific guidelines for some 160 genera and species. These normative documents are progressively updated and extended to further genera and species. Their use is not limited to plant variety protection but extends to other areas such as national listing and seed certification.
The most intense cooperation between member States concerns the examination of plant varieties. It is based on arrangements whereby one member State conducts tests on behalf of others or whereby one member State accepts the test results produced by others as the basis for its decision on the grant of a breeder’s right. Through such arrangements member States are able to minimize the cost of operating their protection systems and breeders are able to obtain protection in several countries at relatively low cost.
The UPOV member States and the UPOV Secretariat maintain contacts with and provide legal, administrative and technical assistance to the governments of a growing number of States expressing interest in the work of the Union and in the idea of plant variety protection. Regular contacts are also maintained with many intergovernmental and international non-governmental organizations.
Information on the development of plant variety protection legislation throughout the world is published in Plant Variety Protection (UPOV publication No. 438(E)).