International Union for the Protection of New Varieties of Plants [UPOV, 1961] Law and Legal Definition

The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization with headquarters in Geneva. The objective of the Convention is the protection of new varieties of plants by an intellectual property right.

UPOV provides and promotes an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society. UPOV provides a sui generis form of intellectual property protection.

UPOV provides for plant breeders' rights to be granted. The new variety must meet four criteria that includes:

1.The new plant must be novel, which means that it must not have been previously marketed in the country where rights are applied for.

2.The new plant must be distinct from other available varieties.

3.The plants must display homogeneity.

4.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.

The rights conferred to the breeder are similar to those of copyright in the U.S., in that they protect both the breeder's financial interests in the variety and recognition for achievement and labor in the breeding process.