The new Act resulted from a Diplomatic Conference held in Geneva in 1991. The UPOV Convention establishes the international rules of the system under which countries grant intellectual property rights to the individuals or entities which develop new varieties of plants.
Breeding is long term and expensive but plant varieties once released are often easily reproduced.
Private finance would not be attracted to plant breeding in the absence of appropriate intellectual property protection. The UPOV Convention was initially created in 1961. Between 1961 and 1991, dramatic scientific and technical developments took place resulting in the emergence of genetic engineering and advanced tissue culture. These developments, plus the experience of operating the 1961 Convention, provided powerful motivators for the 1991 revision of the Convention. The 1991 Act strengthens the breeder's position in very specific ways.