INTERNATIONAL PATENT LAW

Harleen Kaur Bhangoo

CM13213
INTERNATIONAL CONVENTION FOR
PROTECTION OF NEW VARIETIES OF PLANTS
(UPOV),1968

The UPOV Convention seeks to provide

special title of protection of a patent to the
breeders of new plant variety. The object is to
address a long standing problem in patent law.
As the patent system has not yet developed the
mechanism to provide protection to plant
breeders, the UPOV encourages a sui generis
law to provide monopoly rights to plant
breeders of new plant variety which is akin to
invention.
FEATURES
 It covers sexually produced plants of botanical
variety.
 The minimum period of protection is 15 years.
For vines, forests, fruits and ornamental trees it
is 18 years.
 The convention has 42 Articles dealing with
protection of rights, rights of priority and related
aspects.
 The convention provides for two permanent
organs viz.
1. The council, consisting of representatives from the
member states.
2. The Secretary general
PATENT COOPERATION TREATY 1970
(PCT)
 The object is to seek cooperation of states and
simplification of procedure in filling patent
application in states which are party to the
agreement.
 PCT was concluded on 19th June, 1970 and came
into force on 24th January, 1978
FEATURES
 It enables the citizens of a contracting
state to file for patent protection in
multiple countries which are the members
of PCT through one application only,
rather than filing individual applications
in each country.
 In his application he should indicate the
member states in which he wishes to
obtain protection.
BUDAPEST TREATY ON INTERNATIONAL
RECOGNITION OF DEPOSIT OF MICRO-
ORGANISM FOR THE PURPOSES OF PATENT
PROCEDURE 1980
 Itseeks to resolve the problem resulting from
lack of uniformity in national requirement for
micro organism deposit.
 Requirement of disclosure of invention to
patent office poses difficulty in the case of
micro-organism.
 Through this treaty series of International
Depository Authorities (IDA) have been
established, where micro-organism can be
deposited for the purpose of claiming patent.
REFERENCES
 Book-Law Relating to Intellectual Property
Rights by M.K. Bhandhari. (Page No. 6,7)