New Varieties of Plants. Each Party recognizes the importance of providing a system of protection of new varieties of plants and shall endeavor toprovide for the protection of all plant genera and species asearly as practicable in accordance with the 1991 Act of theInternational Convention for the Protection of New Varieties of Plants.
New Varieties of Plants. Each Party shall provide for the protection of all plant genera and species by an effective plant varieties protection system which is consistent with the 1991 UPOV Convention.
New Varieties of Plants. 1. The Parties shall grant adequate and effective protection to breeders of new plant varieties at least on a level equivalent to the level provided for by the International Convention for the Protection of New Varieties of Plants, as revised on October 23, 1978.
2. At least the following acts in respect of the propagating material of the protected variety shall require the authorization of the breeder:
(a) production or reproduction (multiplication) for the purposes of commercial marketing;
(b) conditioning for the purpose of commercial propagation;
(c) offering for sale;
(d) selling or other marketing; and
(e) importing or exporting.
New Varieties of Plants. 1. Each Party shall recognize and ensure the rights of plant breeders through a special registry system as provided in the legislations in the territory of each Party. The rights of plant breeders shall be protected as an intellectual property right which can be marketable and transferable.
2. The Parties recognize that the UPOV contains exception to the rights of plant breeders, including acts undertaken by farmers in the private sphere and with non-commercial objectives. Further, the Parties recognize that UPOV establishes restrictions on the exercise of the rights of plant breeders for reasons of public interest, as long as the Parties take all the necessary measures to ensure that the plant breeder receives equitable remuneration. The Parties also recognize that each Party may make use of the exceptions and restrictions contained in UPOV, and that there is no contradiction between the UPOV and the capacity of a Party to protect and conserve its genetic resources.
New Varieties of Plants. Each Party recognizes the importance of providing a system of protection of new varieties of plants and shall, within its capabilities, endeavor to increase the number of plant genera and species that can be protected under its laws and regulations. In this regard, each Party shall consider the concerns of the other Party. Article 128 Unfair Competition
1. Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
2. Each Party shall, in accordance with its laws and regulations, ensure that any acts of unfair competition, which shall include, but not be limited to, the following acts, are prohibited:
(a) acts of selling goods which imitate the appearance of another person’s goods; and
(b) acts of such a nature as to create confusion by any means whatever with the services of a competitor.
3. Each Party shall ensure in its laws and regulations adequate and effective protection of undisclosed information in accordance with the TRIPS Agreement.
