Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION on selection achievements this law adopted on the basis thereof and legislation of the Republics comprising the Russian Federation are governed by the property and associated personal moral relations arising in connection with the creation, legal protection and use of selection achievements.
R a w d e l I General provisions article 1. Concepts concepts used in this law means the following: a selection achievement-grade plants, breed animals;
grade-a group of plants, which, regardless of eligibility is determined by the material the genotype or combination of genotypes, and differs from other groups of plants of the same botanical taxon one or more signs.
Grade may be represented by one or more plants, part or multiple parts of the plant, provided that such part or parts may be used for reproduction of entire plants varieties.
Categories of protected varieties is a clone, line, first generation hybrid, population;
-plant seeds or part thereof, used to reproduce a variety;
plant material-plant or part thereof used for purposes other than the purposes of reproduction of the variety;
a breed is a group of animals, which, regardless of eligibility has genetically caused biological and morphological properties and attributes, some of which are specific to this group and distinguish it from other groups of animals. The breed can be represented by a female or male individual or tribal material.
Protected categories are a type of breed, cross lines;
Tribal animal-animal intended for reproduction of breed;
breeding material-tribal animal, its gametes or Zygote (embryos);
commercial animal-animal, used for purposes other than the purposes of reproduction of the breed;
protected by a selection achievement-grade plants, breed animals registered in the State Register of protected plant varieties;
the applicant is a legal entity or natural person, who filed an application for a patent in a selection achievement.
Article 2. The legislation of the Russian Federation on selection achievements legislation of the Russian Federation on selection achievements consists of this law, taken on its basis of the legislation of the Republics comprising the Russian Federation and published in accordance with the legal acts of State authorities and management within the limits of their powers.
Article 3. Legal protection of selection achievements right in a selection achievement shall be protected by law and is confirmed by a patent on a selection achievement.
A patent is an exclusive right of the patentee shall certify to use a selection achievement.
The State Commission of the Russian Federation on the test and the protection of new varieties of plants (hereinafter referred to as the Commission) in accordance with this law carries out a unified policy in the field of legal protection of selection achievements in Russian Federation, accepts applications for breeding achievements, adopts the examination and tests, leads the State Register of protected plant varieties and the State Register of plant varieties approved for use, grants patents and inventors ' certificates publishes official information regarding the protection of selection achievements, publishes rules and explanation on the application of this law, performs other functions in accordance with the regulations, approved by the Government of the Russian Federation.
Sources of funding for the activities of the State are the means of the Republican budget of the Russian Federation, patent fees as well as fees for services it provided and its materials.
A selection achievement, for which the State Commission issued a patent was registered in the State Register of protected plant varieties.
The scope of legal protection afforded by a patent in a selection achievement shall be determined by the totality essential sign contained in the description of a selection achievement.
The period of validity of the patent in a selection achievement is 30 years from the date of registration of the specified achievement in the public registry of protected plant varieties. The grapes Woody ornamental, fruit crops and forest trees, including their rootstocks, the validity of the patent is 35 years.
R a w d e l (II) CONDITIONS of ELIGIBILITY and the procedure for the ATTAINMENT of the APPLICATION for the GRANT of a PATENT, article 4. The conditions for eligibility of a selection achievement 1. A patent is granted in a selection achievement that meets the eligibility criteria and belongs to the botanical and Zoological genera and species, the list whereof shall be determined by the State Commission, taking into account the international obligations of the Russian Federation.
2. Criteria for eligibility of a selection achievement are: a) novelty.
Grade, the breed considered to be new if, at the filing date of the application for the grant of a patent or seeds breeding material of this achievement is not sold and were not transmitted otherwise others breeder, his assignee or with their consent for the use of a selection achievement: on the territory of the Russian Federation, earlier than one year before that date;
on the territory of another State earlier than four years or, in the case of grapes, Woody ornamental, fruit crops and forest species, earlier than six years before the said date;
A selection achievement shall clearly differ from any other well-known achievement, existing at the time of filing.
Well-known selection achievement may be a selection achievement, located in official directories help fund or has an accurate description of one publication.
Filing an application for a patent or for admission to use also makes a selection achievement well known with the filing date provided that a selection achievement was issued a patent or that a selection achievement were allowed to use;
Plant varieties, animal breeds must be sufficiently uniform in its characteristics, taking into account individual variations that may occur in connection with the characteristics of reproduction;
A selection achievement is considered to be stable if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each breeding cycle.
3. Varieties of the breed, which, on the date of incorporation of relevant genera and species in the list of protected plant varieties registered in the State Register of plant varieties approved for use, can be recognized as protectable without requiring class breed requirements "and" paragraph 2 of this article. If the priority date is established on the date of receipt of the application for admission Goskomissiju to use.
The validity term of the patent referred to in article 3, such breeding achievements shall be reduced by the period of the year for admission to year the grant of a patent; in relation to such selection achievements not valid temporary legal protection, as provided for by article 15.
Article 5. Application for the grant of a patent Right to apply for a patent belongs to the selekcioneru or his successor in title. The application should be submitted at Goskomissiju.
If a selection achievement derived, created or found when performing official tasks or duties, the right to file an application for the grant of a patent shall belong to the employer if the contract between the breeder and the employer does not provide otherwise.
Application may be filed by two or more applicants, if they jointly brought out, created or identified a selection achievement or are the successors to the authors.
Application may be filed through an intermediary, which in virtue of the powers based on power of Attorney, conduct business related to obtaining a patent.
Employees of the State and its subdivisions in the republics within the Russian Federation of an autonomous region, autonomous districts, edges, areas within the whole period of work in these institutions are not eligible to apply for the grant of a patent in a selection achievement.
An application for a patent shall contain: the request for the grant of a patent;
questionnaire selection achievement;
a document certifying payment of the prescribed fee, or releasing from the payment of a fee, or giving a reason to reduce its size.
Requirements for these documents shall be established by the State Commission.
The application shall relate to one selection achievement.
If the claimant is an employer, it must confirm the existence of a treaty that meets the requirement of paragraph 2 of this article, the author of a selection achievement.
Documents shall be submitted in Russian or another language. If documents are submitted in another language, it shall be accompanied by their translation into Russian language.
Article 6. The name of a selection achievement a selection achievement shall have the name of the proposed by the applicant and approved by the State Commission.
The name of a selection achievement shall allow identification of a selection achievement, be brief, be different from the names of existing plant varieties of the same or a close botanical or zoological species. It should not consist entirely of numbers, misleading regarding the properties, origin, the value of a selection achievement, personality of the breeder should not contradict the principles of humanity and morality.
If the proposed name of the applicant does not meet the requirements of this article, the applicant shall be obliged to change the name of the State Commission, within the prescribed period.
Any person who uses a protected a selection achievement, should use his name, which is registered in the State Register of protected plant varieties.
If there are valid reasons to name a selection achievement can be changed with the consent of the State.
Article 7. Priority selection achievement
Priority selection achievement shall be established by the date of receipt in the Goskomissiju application for the grant of a patent or an application for admission.
If one and the same day in Goskomissiju receives two or more applications for the same selection achievement, the priority is set on the earlier date of sending the application. If the examination established that these applications have the same date, a patent may be issued on application having an earlier registration number State, provided that the agreement between the claimants do not provide otherwise.
If the application is received in Goskomissiju, was preceded by the application filed by the applicant in one of the foreign States, with which the Russian Federation has concluded a Treaty on the protection of new varieties of plants, the applicant shall enjoy the priority of the first application within 12 months from the date of its filing.
In the application, the Goskomissiju, the claimant must indicate the date of priority of the first application. Within six months from the date of receipt of the application in the Goskomissiju the applicant must submit a copy of the first application, certified by the competent authority of the State concerned, and its translation into the Russian language. If these conditions are met, the applicant may not submit additional documentation and necessary material for testing within three years from the date of filing of the first application.
R a w d e l III SCORE for ELIGIBILITY of a SELECTION ACHIEVEMENT Article 8. Preliminary examination of patent applications Provisional patent application examination is carried out within a month. During the preliminary examination establishes the priority date, check the necessary documents for compliance with the requirements.
State may request missing documents or clarify material that an applicant is required to submit within the prescribed time limit.
During the preliminary examination, the applicant may, on its own initiative, amend, clarify or correct the application materials.
If the necessary clarifications were not made within the prescribed time-limit, or no papers were presented that were not on the date of receipt of the application, the application is not admissible, as the applicant will be notified.
In case of disagreement with the decision taken based on the results of the preliminary examination, the applicant within three months from the date of receipt of the decision has a right of appeal to the courts.
A positive international preliminary examination, the applicant shall be notified of the acceptance of his application.
Information about the adopted applications published in the Official Gazette.
Article 9. Examination of the novelty of a selection achievement any interested person within six months from the date of publication of the information about the application is able to send to Goskomissiju a claim in respect of the novelty of the claimed achievement.
On receipt of claim State notifies the applicant outlining the merits of the claim. If you do not agree with the claim, the claimant shall have the right within three months from the date of receipt of the notification to send Goskomissiju a reasoned objection.
According to the materials of the Commission decides and informs about it to the person concerned.
If a selection achievement does not meet the criteria of novelty, the decision on refusal to grant the patent.
Article 10. Attainment tests for distinctness, uniformity, stability Testing of a selection achievement for distinctness, uniformity and stability and the techniques are held on dates fixed by the State Commission.
The applicant shall submit for the tests required number of seeds and breeding material within the period specified by the State Commission.
The Commission has the right to use the results of tests carried out by the competent authorities of other States with whom contracts have been concluded, the results of tests conducted by other organizations of the Russian Federation under contract with the State, as well as data provided by the applicant.
When a selection achievement criteria for eligibility under the title of a selection achievement conditions laid down in article 6 of this Act, the Commission shall decide on the grant of a patent and is a description of the achievement.
R a w d e l IV PROTECTION of a SELECTION ACHIEVEMENT Article 11. Registration of a selection achievement in the State Register of protected plant varieties shall be made for the following entries: genus, species of plants, animal;
name of the variety, breed;
registration of a selection achievement and the registration number;
the patentee name and address;
surname, name of the author of a selection achievement and his address;
the fact of the transfer of the patent to another person, indicating his name and address;
information about exclusive, open and compulsory licenses;
date of expiry of a patent, stating the reasons.
Article 12. Patent a patent is issued to the applicant. If the statement specifies more than one patent applicants, patent is issued to the applicant, indicated in a statement first, and is used by applicants jointly by agreement between them.
In case of loss or damage of a patent can be issued duplicate subject to payment of the patent fee.
Article 13. The right to the patent holder 1. The exclusive right of the patentee is that any person must obtain from the holder of a patent license to seeded tribal protected material of a selection achievement the following: a) production and reproduction;
b) bringing to sowing conditions for subsequent reproduction;
b) offer for sale;
g) sale and other kinds of marketing;
d) removal from the territory of the Russian Federation;
e) importation into the territory of the Russian Federation;
f) deposited in the above order.
2. the right of the patentee shall extend also to plant material, product of animals that have been produced from seed or from breeding animals introduced into economic turnover without the permission of the owner of the patent.
3. you must get permission from patent holders to secure selection achievement for an action referred to in paragraph 1 of this article, with the seeded varieties, tribal rock, material which: (a)) essentially inherit the features protected (source) varieties of the breed, if the protected variety, breed are not themselves selection achievements, substantially inherit features of other selection achievements;
b) is not clearly distinguished from protected varieties, breeds;
in) require repeated use of the protected variety for seed production.
Selection achievement substantially derived signs another (source) protected a selection achievement recognizes a selection achievement, when you explicitly contrast source: predominantly derived from the initial selection achievement or attainment, which itself inherits from the essential features of the original achievement, while maintaining the basic signs reflecting the genotype or combination of genotypes of initial breeding achievements;
corresponds to the genotype or combination of genotypes of the original achievement, except for the deviations caused by the use of such methods as individual selection from the initial variety, breed selection of induced mutant, backcrossing, genetic engineering.
Article 14. Acts not infringing the rights of the patent-no infringement of the right of the patentee to the following acts committed with protected selection achievement: a) acts committed for personal and non-commercial purposes;
b) acts done for experimental purposes;
use the patented) a selection achievement as source material for creating other varieties and breeds, actions against these established varieties and breeds referred to in paragraph 1 of article 13 of this law, except as provided by paragraph 3 of article 13;
g) using plant material received at the enterprise, within two years as seeds for growing varieties in the territory of the company (a list of the genera and species of plants determines the Government of the Russian Federation);
d) reproduction of the trademark animals for use in the enterprise;
(e)) any actions with the seeds, plant material, tribal and trade animals that entered into the economic turnover of the patent owner or with his consent by another person, except for: subsequent reproduction of these varieties, breeds;
removal from the territory of the Russian Federation plant material or animal product that allow you to reproduce the variety, breed, in a country which is not protected by this genus or species, except for export with a view to processing for later consumption.
Article 15. Temporary legal protection a selection achievement for the period from the date of receipt of the application in the Goskomissiju and up to the date of the grant of a patent, the applicant is granted temporary legal protection of selection achievements.
After obtaining a patent the patentee is entitled to obtain compensation from the person committed without the need for authorization by the applicant during the period of temporary legal protection a selection achievement action referred to in paragraph 1 of article 13 of this law.
In the period of temporary legal protection a selection achievement the applicant allowed other transfer and sale of seeds, breeding material for scientific purposes and only in cases where the sale and other transfer related to assignment right in a selection achievement or with the production of seeds and breeding material on request of the applicant, with a view to the establishment of their stock.
In case of violation by the applicant or with his consent by another person specified requirements of provisional legal protection is not occurring.
R a w d e l V USE a SELECTION ACHIEVEMENT Article 16. License Agreement On the license agreement (exclusive or non-exclusive license) patent owner (licensor) conveys the right to use a selection achievement to another person (the licensee) in the order of calculations, resulting from the Treaty or donated.
An exclusive license the licensee the exclusive right to use a selection achievement within the stipulated contract, beyond which the licensor retains the right to use a selection achievement that is not transmitted to the licensee.
A non-exclusive license for the licensor remain all rights conferred by a patent on a selection achievement, including the right to grant licenses to third parties.
The license agreement is in writing.
An exclusive license is valid after its registration in the State.
Article 17. The right of the licensee the licensee is entitled to use a selection achievement on the territory of the Russian Federation during the period of validity of the patent and to take action as provided for in paragraph 1 of article 13 of this law if the license agreement does not otherwise specified.
Licensee may not assign a license to a third party and does not have the right to grant sub-licences, unless the license agreement.
Article 18. The terms of the license agreement on the limitation of the rights of the licensee of the terms of the license agreement, to impose on the licensee restrictions not deriving from the rights accorded to him by the patent, or are not necessary for the conservation of the patent are invalid.
Article 19. Open License Holder may publish in the Gazette a statement of the Commission that any person subject to payment arising from the statement of payments the right to use his selection achievement with the date of notification to the patent holder.
State makes in the State Register of protected plant varieties a record of providing an open license with the indication of the size of the payments.
The size of the maintenance fee shall be reduced by 50 per cent from 1 January of the year following the year of publication of the application for an open license.
On the application of the patent holder and subject to the consent of all owners of open Licensing Commission introduces into the State Register of protected plant varieties record the termination of an open license.
Article 20. Compulsory license any person may send a Goskomissiju statement for him a compulsory license in a selection achievement.
The Commission may grant a compulsory licence only if the following conditions are met: (a)) statement received a compulsory license after three years from the date of issue of the patent;
b) claimant law denied the patent holder to produce or implement the seeds, breeding material or not ready to grant such a right;
There are no excuses), preventing the patent grant to the applicant the right to use its attainment;
g) a person applying for a compulsory licence, proved that in other respects, it is able to competently and effectively use license;
d) paid the fee for the issuance of the established a compulsory license.
Compulsory license may grant licensee the right to exercise the activities referred to in paragraph 1 of article 13 of this law. The patent holder retains all the rights conferred by a patent on a selection achievement.
When the compulsory license Commission sets the payments which the owner of a compulsory license shall pay the patent holder.
On demand of the State, the patent holder must provide at cost and on acceptable conditions for him to grant a compulsory licence to the owner of the seed varieties, breeding material in a quantity sufficient for the use of compulsory license.
Period of validity of the compulsory license shall be established by the State Commission of up to four years. This period may be extended if the inspection confirmed that the conditions under which compulsory license was issued continue to exist.
State cancels a compulsory licence if the holder violates the terms under which it was issued.
Commission decision on extradition or on cancellation of the compulsory license may be appealed before the courts.
In reaching its decision, the Court has the right to change the terms of the compulsory license, established the State Commission.
Article 21. Licensee's right to sue in case of violation of the rights of patentee licensee may bring an action in accordance with the established procedure.
R a w d e l VI of the AUTHOR'S RIGHT of a SELECTION ACHIEVEMENT Article 22. Inventor's certificate inventor's certificate certifies the authorship, as well as the author's right to obtain remuneration from the patent holder for the use of a selection achievement.
Inventor's certificate issued by the State Commission for each author, not a patent holder.
The author of a selection achievement may be a natural person whose creative work resulted in output created or found a selection achievement.
The authorship of the settled in the courts.
Article 23. The remuneration of the author of a selection achievement, not a patent holder
Author of a selection achievement shall be entitled to obtain from the patentee to pay for use of derived, produced or identified him a selection achievement during the patent term. The amount and conditions of payment of the remuneration shall be determined by agreement between the patent holder and the author, with remuneration should not be less than two per cent of the annual income received by the patent owner for the use of a selection achievement, including the proceeds from the sale of licenses.
If the variety, breed withdrawn, created or identified multiple authors, remuneration shall be distributed in accordance with an agreement between them.
The remuneration payable to the author within six months after the expiration of each year in which you used a selection achievement.
For late payment of the patent owner shall pay remuneration to the author of a fine for each day of delay at the rate specified in the contract.
R a w d e l (VII) STATE REGULATION of creation and use of NEW VARIETIES of Article 24. The State promotion of the creation and use of new varieties the State stimulates the creation and use of new varieties provides authors and business entities that use these achievements, preferential terms on taxation and crediting, other benefits in accordance with the legislation of the Russian Federation.
Breeding work have priority and are mainly due to means of the Republican budget of the Russian Federation.
Profit (income) and currency earnings obtained the patent holder and licensees from using a selection achievement, not subject to taxation for two years after admitting a selection achievement. By grape, wood decorative, fruit crops and forest trees, including their rootstocks, this period is five years.
Income received by the organization from using the State achievement remain at the disposal of the State budget of the organization.
Article 25. Saving a selection achievement Patentee is obliged to maintain variety, breed during the validity of the patent in such a way so that the signs referred to in the description of the varieties, breeds, established the date of their registration in the State Register of protected plant varieties.
The patentee is obliged upon request of the State to send seeds varieties or breeding material for carrying out control tests and provide an opportunity to carry out an on-site inspection.
Article 26. Invalidation of any person may apply to the Goskomissiju a statement of patent invalidation.
The Commission shall send a copy of the statement to the patent holder, which, within a period of three months from the date of the said copy may submit a reasoned response.
The Commission must take a decision on the matter within six months, if you do not require additional testing.
The Commission recognizes the patent null and void if it is established that: (a)) was issued on the basis of unconfirmed allegations of data uniformity and stability of a selection achievement represented by the applicant;
b) on the date of the grant of a patent, a selection achievement did not meet the criterion of novelty or distinctiveness;
in) the person referred to in the patent as the patentee had no lawful grounds for obtaining a patent.
Article 27. Revocation of the patent, the patent is revoked by the State Commission, if: a selection achievement no longer complies with the conditions of uniformity and stability;
the patent owner has not provided at the request of the State within 12 months of the seeds, breeding material, documents and information as are necessary to verify the security of a selection achievement, or has not provided the opportunity to inspect a selection achievement in place for that purpose;
the patent owner fails to pay the fee within the prescribed period for maintaining the patent in force;
cancelled title selection achievement, and the patent owner has not offered other suitable title.
Article 28. Responsibility for violation of the right of the patentee to any natural or legal person who uses a selection achievement in compliance with the requirements established by this Act, shall be guilty of a violation of the rights of the patent owner.
On request of the patentee or the State breach must be terminated with compensation to the patent holder a person that committed the violation, damages.
Requirements for the alleged infringer of a patent may be declared also the holder of an exclusive or non-exclusive licence, unless otherwise provided in the license agreement.
Article 29. Liability for the violation of other rights of the patent owner and breeder 1. Natural or legal person shall be guilty of a violation of other rights of the patent owner and breeder if it: (a)) sets produced and (or) selling seeds, pedigree material name that differs from the registered names of this achievement;
b) assigns produced and (or) selling seeds, the tribal name of the registered material selection achievement, when it manufactured and sold seeds to pedigree material are not seeded, tribal material of a selection achievement;
in) assigns produced and (or) selling seeds, pedigree material name, is so similar to the name of a registered selection achievement that they could be confused;
g) makes a false entry in the State Register of protected plant varieties and records or provide guidance on their introduction;
d) forges documents produces false documents to carry out the provisions of this Act or gives instructions to such falsification or fabrication;
(e)) introduced documents containing inaccurate information about breeding achievement;
f) sells seeds, breeding material without a certificate.
2. Persons committing the acts described in paragraph 1 of this article, shall be liable in accordance with the current legislation.
3. disputes arising from the application of this law are dealt with by the courts.
Article 30. Publication 1. The Commission publishes the official journal, which publishes information: a) on the patent applications received, with an indication of the priority date of a selection achievement, name of applicant, name of a selection achievement, surname and initials of the author, if the latter has not refused to be referred to as such;
b) about the decisions taken by the application;
in) about changes in the title selection achievements;
g) recognizing patents invalid and their cancellation;
d) other information, relating to the protection of new varieties of plants.
2. After the publication of the information about received patent applications and on the decisions taken on these applications, any person has the right to get acquainted with the materials of the applications.
Article 31. Appeals against decisions of the State Commission's decision to issue or to refuse to grant a patent, the patent invalidation or revocation of a patent may be challenged in the courts.
Article 32. The use of new varieties of plants, the inclusion of plant varieties, animal breeds in the State Register of plant varieties approved for use, shall be carried out by the State Commission on the results of State tests of economic utility.
On selected maternity forms established by the State Commission, the inclusion of plant varieties, animal breeds in the State Register of plant varieties approved for use, shall be conducted on the basis of expert estimates or data of the applicant.
Implemented in the corresponding region of the Russian Federation seeds and breeding material shall be provided with a certificate, certifying their varietal, types of rock identity, origin and quality. The certificate is issued on the seeds of varieties, breeding material breed admitted to use in this region.
For the reproduction of seeds and breeding material for their export outside the region concerned access to the use of this region is not required.
On selection achievements included in the State Register of protected plant varieties, the certificate shall be issued only on seeds, breeding material, obtained legally.
Application for admission to the use of varieties of plants and breeds of animals served in Goskomissiju with the application describing a selection achievement guarantee granting for the testing of the necessary quantity of seeds, breeding material, document about payment of application fee and guarantees the payment of a fee for hosting the State tests of economic utility.
To conduct public tests of plant varieties of economic usefulness in the next agricultural season application for these trials should come no later than the deadlines established by the State Commission.
Article 33. Patent fees for the performance of legal acts relating to a patent for a selection achievement, patent fees are charged. Patent fees shall be paid in Goskomissiju. List of acts for which the patent fees are charged, fees and terms of payment, as well as the grounds for exemption from the payment of fees, reducing their size or refund of duties shall be established by the Government of the Russian Federation.
R a w d e l VIII INTERNATIONAL COOPERATION Article 34. The right to enroll in other States or his successor in title shall be entitled to a breeder to apply for protection of a selection achievement to the competent authorities of another State.
Costs associated with the protection of selection achievements outside the Russian Federation, shall be borne by the applicant.
Article 35. Right of foreign citizens and legal persons, foreign citizens and legal persons shall enjoy the rights provided by this law and other legislative acts of the Russian Federation in the field of the protection of new varieties of plants, as citizens and legal entities of the Russian Federation by virtue of international treaties of the Russian Federation or on the basis of the principle of reciprocity.
Article 36. The operation of treaties
If an international treaty of the Russian Federation stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
Russian President Boris Yeltsin in Moscow, the Russian House of Soviets 5605 N August 6, 1993-I