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|Top of Notices (161) December 25, 2012||US PATENT AND TRADEMARK OFFICE||Print This Notice 1385 CNOG 880|
|Plants||Referenced Items (159, 160, 161)|
(161) Department of Commerce Patent and Trademark Office United States Adherence to the International Union for the Protection of New Varieties of Plants (UPOV) On Nov. 12, 1980, the United States deposited its instrument of acceptance of the 1978 text of the UPOV Convention. The United States was the second State to adhere to this text, New Zealand having earlier done so. The UPOV Convention will take effect with respect to the United States and the other adherents to the 1978 text upon a total of five adherences, three of which must be by present member States (States adhering to the text of the Convention). We expect at least three present member States to adhere shortly and the 1978 text to take effect, therefore, during 1981. The United States deposited its instrument of acceptance on the basis of the legal protection offered for asexually reproduced plants under the plant patent law (35 U.S.C. 161-164). Accordingly, the Convention will apply only to asexually reproduced plants protected under this law. Steps are now being taken, however, by the Plant Variety Protection Office of the Department of Agriculture to conform the implementation of the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) to the Convention's requirements. When this is done, the United States will notify the UPOV Secretariat that the Convention is also applicable in the United States to sexually reproduced plants protected under that Act. Questions concerning the UPOV Convention may be directed to the Office of Legislation and International Affairs of the Patent and Trademark Office. This Office may be addressed as follows: Box 4, Commissioner of Patents and Trademarks, Washington, D.C. 20231. The Office's telephone number is (703) 557-3065. Dec. 16, 1980 SIDNEY A. DIAMOND Commissioner of Patents and Trademarks [1002 OG 102]