外文翻译----基于植物新品种保护联盟upov协议的保护进展(编辑修改稿)

外文翻译----基于植物新品种保护联盟upov协议的保护进展(编辑修改稿)内容摘要：

e deposited by the United Kingdom, the Netherlands and the Federal Republic of Germany. This was the origin of UPOV, which chose Geneva for its headquarters. The Additional Act of 1972 The UPOV Convention provided, in its Article 27, that it was ‘‘reviewed periodically with a view to the introduction of amendments designed to improve the working of the Union’’ and that, unless the Council decided otherwise, ‘‘for this purpose, conferences shall be held every five years […]’’. The first revision was thus to take place in 1972. Experience had already shown that the distribution of the financial burden caused by the expenses of the Union needed refinement. According to Article 26(2), the member States were divided into three classes, corresponding to one, three and five contribution units. The purpose of the Diplomatic Conference that was held in November 1972 was, therefore, to introduce a fiveclass contribution system, with a span of contributions rising continuously from one to five, the Council being empowered to authorize a State, under specified circumstances, to contribute half a unit only. The Additional Act entered into force on February 11, 1977. By that time, the work on a new revision of the Convention was already underway. The 1978 revision The member States of UPOV had already realized in 1973 that there was a need to revise the substantive provisions of the Convention. After extensive preparatory work under the auspices of the Council of UPOV, a Diplomatic Conference was convened in October were distributed widely and, together with the ten members of the Union, the following twentyseven nonmember States took part in the Conference:Argentina, Australia, Bangladesh, Brazil, Bulgaria,Canada, Finland, Hungary, Iran, Iraq, Ireland, Ivory,Coast, Japan, Libyan Arab Jamahiriya, Luxembourg,Mexico, Morocco, New Zealand, Norway, Panama,Peru, Saudi Arabia, Senegal, Spain, Thailand, United States of America and Yugoslavia. On October 23, 1978, the Conference adopted a revised text and two remendations by unanimous vote of the 10 member States. The most important amendment concerned the status of UPOV as an intergovernmental organization. UPOV was endowed with legal personality and also, on the territory of each member of the Union, the legal capacity necessary to achieve this aim and carry out its functions, and it was provided that it would also enter into a Headquarters Agreement with the Swiss Confederation. Other amendments were designed to facilitate the accession of States that were not yet members. An exception was incorporated into Article 37 to allow the United States of America to retain their dual system of protection and the demarcation of the areas of application according to the manner of propagation of the variety. The revised text adopted in 1978 ultimately differs little from the one drawn up in 1961. For the ‘‘old’’ member States, an essential amendment was the prolongation from four to six years of the period during which a variety could be marketed abroad without its novelty being affected, in the case of vines, trees and their rootstocks. The provision on priority was refined. Rules on variety denominations were also revised, although the fundamental principles remained unchanged. The provision under which the procedures for technical and administrative cooperation between UPOV and BIRPI (which in the meantime had bee the World Intellectual Property Organization (WIPO)) were to be governed by rules established by the Government of the Swiss Confederation, in agreement with the Unions concerned, was deleted. The cooperation itself was not thereby affected, however. It is at present governed by an agreement, signed on November 26, 1982. According to that agreement, WIPO provides UPOV with logistical support against indemnification. The agreement also provides that the Council of UPOV appoints the Director General of WIPO to the post of SecretaryGeneral of UPOV. Finally, subject to certain general provisions, the WIPO rules governing staff status and finances apply mutatis mutandis to the staff and finances of UPOV. The 1978 Act came into force on November 8, 1981. The 1991 Act By 1991, some thirty years of experience had been gained in the application of the UPOV Convention and members of the Union were aware of some improvements that could be made. The discovery of the structure of DNA was announced in 1953. During the period 1961–1991, consequential scientific discoveries and technological developments took place, which had profound implications for plant improvement and also for plant variety protection. Each of the changes made in 1991 was to deal with a challenge identified through experience or arising from scientific and technical progress. All Acts of the UPOV Convention have five main features. They established the: • standard criteria for protection (novelty, variety denomination, distinctness, uniformity and stability)。 • minimum scope of protection。 • minimum duration of protectio。