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Article 37
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Exceptional Rules for Protection Under Two Forms
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(1)
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Notwithstanding the provisions of
Article 2(1), any State which,
prior to the end of the period during which this Act is open for signature, provides for protection
under the different forms referred to in
Article 2(1) for one and the same
genus or species, may continue to do so if, at the time of signing this Act or of depositing its
instrument of ratification, acceptance or approval of or accession to this Act, it notifies the
Secretary-General of that fact. |
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(2)
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Where, in a member State of the Union to which
paragraph (1) applies, protection is sought under patent legislation, the said
State may apply the patentability criteria and the period of protection of the patent legislation
to the varieties protected thereunder, notwithstanding the provisions of
Article 6(1)(a),
Article 6(1)(b) and
Article 8. |
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(3)
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The said State may, at any time, notify the Secretary-General of the withdrawal of
the notification it has given under
paragraph (1). Such withdrawal shall take effect on the date which the State
shall indicate in its notification of withdrawal. |
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Article 38
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Transitional Limitation of the Requirement of Novelty
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Notwithstanding the provisions of
Article 6, any member State of the
Union may, without thereby creating an obligation for other member States of the Union, limit the
requirement of novelty laid down in that Article, with regard to varieties of recent creation
existing at the date on which such State applies the provisions of this Convention for the first
time to the genus or species to which such varieties belong.
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Article 39
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Preservation of Existing Rights
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This Convention shall not affect existing rights under the national laws of member
States of the Union or under agreements concluded between such States.
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No reservations to this Convention are permitted.
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Article 41
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Duration and Denunciation of the Convention
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(1)
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This Convention is of unlimited duration. |
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(2)
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Any member State of the Union may denounce this Convention by notification
addressed to the Secretary-General. The Secretary-General shall promptly notify all member States
of the Union of the receipt of that notification. |
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(3)
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The denunciation shall take effect at the end of the calendar year following the
year in which the notification was received by the Secretary-General. |
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(4)
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The denunciation shall not affect any rights acquired in a variety by reason of
this Convention prior to the date on which the denunciation becomes effective. |
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Article 42
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Languages; Depositary Functions
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(1)
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This Act shall be signed in a single original in the French, English and German
languages, the French text prevailing in case of any discrepancy among the various texts. The
original shall be deposited with the Secretary-General. |
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(2)
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The Secretary-General shall transmit two certified copies of this Act to the
Governments of all States which were represented in the Diplomatic Conference that adopted it and,
on request, to the Government of any other State. |
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(3)
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The Secretary-General shall, after consultation with the Governments of the
interested States which were represented in the said Conference, establish official texts in the
Arabic, Dutch, Italian, Japanese and Spanish languages and such other languages as the Council may
designate. |
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(4)
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The Secretary-General shall register this Act with the Secretariat of the United
Nations. |
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(5)
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The Secretary-General shall notify the Governments of the member States of the
Union and of the States which, without being members of the Union, were represented in the
Diplomatic Conference that adopted it of the signatures of this Act, the deposit of instruments of
ratification, acceptance, approval and accession, any notification received under
Article 34(2),
Article 36(1),
Article 37(1) and
Article 37(3) or
Article 41(2) and any declaration made under
Article 36(1). |
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