On Selection Achievements

Original Language Title: О селекционных достижениях

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Overtaken by Federal Law from 18.12.2006 N 231-FZ A A C O. N of the selection achievements This Law and its legislative acts in the Russian Federation The Federation regulates property, as well as related personal non-property relations arising from the creation, legal protection and use of selection achievements. P E L I GENERAL PROVISIONS Article 1. The basic concepts of Concepts used in this Law include: selection achievement-plant variety, breeds of animals; variety-a group of plants that is independent of the is determined by the evidence of this genotype or combination of genotypes, and differs from other groups of plants of the same botanical taxon by one or more characteristics. Class may be represented by one or more plants, parts or parts of the plant, provided that such part or parts can be used for the reproduction of whole plant varieties. Protected classes are a clone, a line, a first generation hybrids, a population; seed-plant or part applied to the reproduction of the variety; vegetable material-plant or its parts, used for purposes other than the purposes of the reproduction of the variety; breed-a group of animals that has genetically conditioned biological and morphological properties and features, with some They are specific to this group and distinguish it from other animal groups. The breed may be female or male or tribal. Protected categories are type, cross line; breeding animal-animal for the reproduction of the breed; tribal material is a breeding animal, its gametes or zygotes (embryos); animal is an animal used for purposes other than the purposes of the breed; protected selection achievement-a variety of plants, breeds of animals registered in the State Register of Protected selection achievements; applicant, legal or physical a person who has applied for a patent for selection achievement. Article 2. Russian legislation on breeding achievements The law of the Russian Federation on selection achievements consists of this Law, adopted on its basis OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 3. The legal protection of the selection achievement The right to selection achievement is protected by law and is confirmed by a patent for selection achievement. The patent certifies the exclusive right of the patent holder to use selection achievement. State Commission of the Russian Federation for the Testing and Protection of Selection Achievements (hereinafter-the State Commission), in accordance with this Law, implements a uniform policy in the field of legal protection of breeding achievements in the Russian Federation. The Federation considers applications for selection achievements, carries out expert examinations and tests, maintains the State Register of Protected Selection Achievements and the State Register of Selection Achievements, approved for use, issues patents and author's certificates, publishes official documents Information relating to the protection of the selection achievements, shall issue the rules and explanations on the application of this Law, shall perform other functions in accordance with the provision on it approved by the Government of the Russian Federation. The sources of financing of the State Commission are the funds of the republican budget of the Russian Federation, patent duties, as well as fees for the services it provides and the materials it provides. The sanction accomplishment for which the State Commission granted a patent is registered in the State Register of Protected Selection Achievements. The amount of legal protection granted by the patent for selection achievement is determined by the sum of the essential elements inscribed in the description of the selection achievement. The term of the patent for selection achievement is 30 years from the date of registration of the said achievement in the State Register of Protected Selection Achievements. The patent has a duration of 35 years in the variety of grapes, wood decorative, fruit and tree species, including their horseback. P E L II { \field { \field { \field { \field { \field } } { \field { \field { \field { \field { \field { \field } } { \field { \field } { \field { \field { \field { \field { \field } } { \field { \field } The { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The patent is issued for a selection achievement that meets the criteria of protection and related to botanical and zoological types and species, the list of which is established by the State Commission, taking into account the international obligations of the Russian Federation. 2. The criteria for the protection of selection achievement are: a) novelty. Class, the breed is considered new if, on the date of the application for a patent, the seeds or breeding material of this selection achievement has not been sold or transferred otherwise by the breeder, its successor or from their consent to the use of selection achievement: in the territory of the Russian Federation-earlier than one year before that date; in the territory of another state-earlier than four years or, if it concerns grapes, woody, fruit and tree species-earlier than six years before of the specified date; b). The selection achievement should be clearly different from any other well-known selection achievement that exists at the time of submission of the application. The well-known selection achievement may be a selection achievement located in official catalogued cataloguing, a reference fund or an accurate description in one of the publications. The application for a patent or admission to use also makes a selection achievement known from the date of submission of the application, provided that a patent has been granted a patent or that a selection achievement has been made to use; in) homogeneity. Plants in the class, the animals must be sufficiently homogeneous in their characteristics, taking into account the individual deviations that may occur in relation to the breeding features; g) stability. A selection shall be considered stable if its core topics remain unchanged after repeated reproduction or, in the case of a special breeding cycle, at the end of each breeding cycle. 3. Varieties, rocks, which as of the date of inclusion of the relevant types and species in the list of protected selection achievements are registered in the State Register of selected achievements made for use may be recognized as security without In class, the requirements of paragraph 2 (a) of this article. At the same time, the date of the priority is set according to the date of receipt of the application for use by the State Commission. The term of the patent referred to in Article 3 shall be reduced for the period from the year of the granting of the patent to the use of the patent; there is no temporary legal protection for such breeding accomplishments, Article 15. Article 5. A patent application The right to apply for a patent is owned by a breeder or his successor. The application is submitted to the State Commission. In the case where the selection achievement is inferred, created or identified in the performance of a service job or duties, the right to apply for a patent is owned by the employer if the contract between the breeder and The employer does not provide otherwise. The Application can be submitted by more than one applicant if they have jointly led, created or identified a selection achievement or are successors to the authors. The Application can be submitted through an intermediary who, by power of attorney, is in the process of obtaining a patent. Employees of the State Commission, its subdivisions in the constituent republics of the Russian Federation, in the autonomous region, the autonomous prefects, territories and regions are not eligible to apply for extradition for the entire period of work in these institutions The patent for selection achievement. The patent application must contain: a patent application; selectional; a proof of payment of an established fee, or exemption from payment, or gives reasons for reducing its size. The Requirements for the specified documents are set by the State Commission. The Application must be a single selection achievement. If the applicant is an employer, he must prove that there is a contract that meets the requirement of Part Two of this article with the author of the selection achievement. Documents are presented in Russian or another language. If the documents are in a different language, the application shall be accompanied by a Russian translation. Article 6. The name of the selection achievement The selection achievement should have the name proposed by the applicant and approved by the State Commission. The name of the selection achievement should be able to identify the selection achievement, to be brief, to differ from the names of existing selection achievements of the same or close botanical or zoological view. It should not consist of any number, mislead about the properties, origin, the value of the breeder's achievement, the identity of the breeder, should not contradict the principles of humanity and morality. If the name proposed by the applicant does not meet the requirements of this article, the applicant is obliged to change the name to the deadline set by the State Commission. Any person who uses a protected selection achievement must use the name that is registered in the State Register of Protected Selection Achievements. If there are good reasons, the name of the selection achievement can be changed with the consent of the State Commission. Article 7. Selection Selection Precedent Priority of the selection achievement is set according to the date on which the State Commission received an application for a patent or an application for admission to use. If two (or more) applications for the same selection achievement are received on the same day in the State Commission, the priority is set at the earlier date of the application. If it is established that these applications have the same date of dispatch, the patent may be issued on an application having the earlier registration number of the State Commission, provided that the agreement between the claimants is not provided for otherwise. If the application submitted to the State Commission was preceded by an application filed by the applicant in one of the foreign States with which the Russian Federation has concluded a treaty on the protection of the breeders, the applicant is a priority of the first application within 12 months from the date of its submission. In the application submitted to the State Commission, the applicant must specify the date of the first application's priority. Within six months from the date of receipt of the application to the State Commission, the applicant is required to submit a copy of the first application certified by the competent authority of the State concerned and its translation into Russian. In these circumstances, the applicant is entitled not to submit any additional documentation and material required for testing within three years from the date of the first application. P A E F L III EVALUATION OF THE STORAGE OF FAMILY CELECTIONS Article 8. The preliminary examination of the application for the grant of a patent The preliminary examination of the patent application is conducted within one month. During the preliminary examination, a date of priority is set and the necessary documents are checked to meet the requirements. The State Commission may request missing documents or clarifying materials that the applicant is obliged to submit within the prescribed time limit. At the time of the preliminary examination, the applicant has the right, on his own initiative, to supplement, refine or correct the materials of the application. If the necessary clarifications were not made within the time limit or were not submitted, the documents not available at the date of receipt of the application are not accepted for consideration, and the applicant shall be notified. If the applicant does not agree with the decision taken on the results of the preliminary examination, the applicant has the right to challenge the decision within three months from the date of receipt of the decision. If a preliminary examination is positive, the applicant is notified of the application. The details of accepted applications are published in the official bulletin. Article 9. Any interested person within six months from the date of publication of the details of the application may send to the State Commission a claim for the novelty of the stated selection achievement. The State Commission notifies the claimant of the substance of the claim. In case of disagreement with the claim, the claimant is entitled to a reasoned objection within three months of the date of receipt of the notification. According to available materials, the State Commission takes a decision and informs the interested person about it. If the selection achievement does not meet the novelty criteria, a decision is made to refuse to grant a patent. Article 10. Testing of the selected achievement on the Variability, Uniformity, Stability The tests of the selected achievement on the Variability, uniformity and stability shall be conducted according to the methods and within the deadlines set by the State Commission. The applicant is required to provide the necessary number of seed, tribal material at and within the time specified by the State Commission for testing. The State Commission is entitled to use the results of tests carried out by the competent authorities of other States with which the relevant treaties have been concluded, the results of tests carried out by other organizations of the Russian Federation a contract with the State Commission, as well as the data submitted by the applicant. The State Commission takes a decision on the granting of a patent and makes a decision on the granting of a patent, subject to the selection achievement of the criteria for the protection of the conditions under Article 6 of this Law. A description of the selection achievement. P D E L IV Article 11. Registration of selection achievement The following entries are recorded in the State Register of Protected Selection Achievements: species, type of plant, animal; the name of the variety, breed; date of registration Selection and registration number; name of the patentee and address; name, patronymic of the author of selection achievement and address; fact of the transfer of the patent to another person by his name and addresses; Exclusive, Open, and { \b Forced licenses } { \b } { \b } { \b } Article 12. Patent Patent is issued to the applicant. If more than one applicant is specified in a patent application, the patent is issued to the applicant as specified in the first statement and is used jointly by the claimants. In the case of loss or damage to a patent, a duplicate may be issued subject to the payment of a patent duty. Article 13. The right of the patent holder 1. The special right of the patent holder is that any person must obtain a licence from the patent holder to carry out the seed, the tribal material of the protected selection achievement: a) production and -Reproduction; b) for the subsequent reproduction; in the sales quotation; g) sales and other sales; d) export from the territory of the Russian Federation; e) of the Russian Federation; the objectives listed above. 2. The right of the patent holder also applies to plant material, animal products that have been produced from seeds or from breeding animals, entered into the economic circulation without the permission of the patent holder. 3. It is necessary to obtain the permission of the patent holder to perform the protected selection achievement in order to perform the actions referred to in paragraph 1 of this article, with the seeds of the variety, the breeding material of the breed, which: (a) substantially inherit the characteristics of protected (original) varieties, breeds, if these protected varieties, the breed are not themselves breeding achievements, significantly showing the signs of other breeding achievements; b) are not clearly different from protected varieties, breeds; in) require repeated use protected variety for seed production. A [ [ selection achievement]] is a [ [ selection achievement]] that is substantially [ [ selective]] [ [ selective }]] [ [ success]], which is recognized as a [ [ selection achievement]], which, in a distinct contrast to the original: inherits the most significant characteristics of the original selection achievement or selection achievement, which itself inherits the essential characteristics of the original selection achievement, while retaining core topics that reflect genotype or a combination of genotypes original selection achievement; corresponds to genotype or combination of genotypes of the original selection achievement, except for deviations caused by the application of methods such as individual selection from the original variety, breed, selection of induced mutant, becross, genetic engineering. Article 14. Actions not recognized as a violation rights of patentee Not recognized as a violation of the patentee's right to perform the following actions, committed with a protected selection achievement: a) acts committed in personal and non-commercial goals; (b) actions committed for experimental purposes; in) the use of a protected selection achievement as a source for other varieties and breeds, actions in relation to of these varieties and breeds referred to in article 13, paragraph 1, of the present Law, except as provided for in article 13 (3); g) the use of plant material received at the enterprise for two years as seed to grow in the territory of the enterprise (list the Government of the Russian Federation); d) reproduction of animal products for use in the enterprise; e) any actions with seeds, vegetable material, or tribal material and commercial animals that have been introduced by another person, other than: subsequent reproduction of the said varieties, breeds; exportation from the territory of the Russian Federation of plant material or commercial animals allowing the breeding of the class, breed, in a country where the type or type is not protected, except for export for the purpose of processing for subsequent consumption. Article 15. Temporary legal protection of the selectable Achievements For the period from the date of application of the application to the State Commission and until the date of the patent, the applicant is provided with temporary legal protection of the selected achievement. After receipt of a patent, the patent holder is entitled to receive compensation from the perpetrator without the permission of the applicant during the period of temporary legal protection of the selection achievement referred to in article 13, paragraph 1, of this Law. In the period of temporary legal protection of the selection achievement, the applicant is authorized to sell and other seed transfer, only for scientific purposes, and in cases where the sale and other transfer are related to the assignment of the right to Selection achievement or production of seeds, tribalant material upon request by the applicant for the purpose of stockpiling. In the event of a violation by the applicant or with his or her consent by another person, the temporary legal protection shall not be deemed to have occurred. A C D E V UTILIZATION OF SECTION Article 16. License contract Under a license agreement (exclusive or non-exclusive license) the patentee (licensor) transfers the right to use a selection achievement to another person (licensee) in the order of calculation free of charge. Under the exclusive licence, a licensee is exclusive right to use a selection achievement within the limits specified by the contract, retaining the licensor's right to use a selection achievement in part, not to be transferred to the licensee. With a non-exclusive license for a licensor, all rights granted by the patent for selection achievement, including the right to grant licenses to third parties, remain. The license agreement is concluded in writing. Exclusive license is valid after its registration with the State Commission. Article 17. Rights of a licensee Licensee is entitled to use a selection achievement in the territory of the Russian Federation during the term of the patent and to perform the actions referred to in article 13, paragraph 1, of this Law, if licensed The contract is not otherwise agreed. Licensee may not assign licenses to third parties and may not grant a sub-licensee unless it is provided for by a license agreement. Article 18. { \b } { \b License } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b license } { \b clauses } { \b terms } Preservation of the patent, invalid. Article 19. Open license Patentee can issue in the Official Journal of the State Commission a statement that any person, subject to the payment of conditional payments, is entitled to use his selection achievement from the date notifications of this patent holder. The State Commission enters the State Register of Protected Selection Achievements for a record of granting an open license with an indication of the amount of the payments. The fee for the maintenance of the patent is reduced by 50 per cent from 1 January of the year following the publication of the application for open licence. According to the patentee and subject to the consent of all owners of the open license, the State Commission enters the State Register of Protected Selection Achievements for the termination of the open license. Article 20. Forced license Any person can apply to the State Commission for a compulsory license for a selection achievement. The State Commission may only issue a compulsory license if the following conditions are met: a) a compulsory license was issued after three years from the date of the patent; b) the patent holder denied the applicant the right to produce or sell seeds, tribal material or was not prepared to grant such a right; in) there are no valid reasons preventing the patent holder from granting the applicant the right to use it selection; g) person applying for A compulsory license has proved that it is in a state of competence and effective use of the license; e) has been paid a prescribed fee for the issue of compulsory license. A compulsory license may grant a licensee the right to perform the actions referred to in article 13 (1) of this Law. At the same time, the patent holder retains all the rights granted by the patent for selection achievement. When issuing a compulsory license, the State Commission establishes payments that the owner of a compulsory licence must pay to the patent holder. At the request of the State Commission, the patent holder is required to provide the owner of the compulsory license for the payment of a compulsory license to the holder of the compulsory license for the payment and to the owner of the compulsory license. licenses. The period of validity of compulsory license is set by the State Commission for up to four years. This period may be extended if the inspection check confirms that the conditions under which a compulsory licence has been issued continue to exist. The commission revoes a compulsory license if its owner violates the conditions under which it was issued. The decision of the State Commission on extradition or cancellation of compulsory license may be appealed in court. When making a ruling, the court is entitled to change the terms of the compulsory license issued by the State Commission. Article 21. The licensee's right to action In the event of a violation of the right of the patent holder, the licensee is entitled to file a claim in the prescribed manner. R A D E L VI RIGHTS OF SELECTIONAL ACHIEVEMENTS Article 22. The author's certificate of the authorship, as well as the author's right to receive remuneration from the patent holder for the use of selection achievement. The Copyright certificate is issued by the State Commission to each author who is not a patent holder. The author of the selection achievement can be a physical person whose creative work has been shown, created or identified by a selection achievement. Disputes about authorship are resolved through the courts. Article 23. Remuneration to the author of the selection achievement non-patentee The author of the selection achievement is entitled to receive remuneration from the patentee for the use of the withdrawn, created, or identified by the selected name achievement during the term of the patent. The amount and conditions of remuneration are determined by the contract between the patent holder and the author, with the remuneration not being less than two per cent of the annual income received by the patent holder Use of selection achievement, including the proceeds from the sale of licences. If the class, breeds are displayed, created or identified by several authors, the award is distributed in accordance with the agreement between them. The Remuneration is paid to the author within six months of the expiration of each year in which the selection achievement was used. For late payment, the patent holder pays the author a penalty for each day of delay in the amount determined by the contract. P D E L VII STATE RESETTLEMENT AND USE OF CELECTIVE ACHIEVEMENTS Article 24. Stimulating the creation of a state and the use of breeding achievements The State encourages the creation and use of breeding achievements, provides authors and economic entities using the selected achievements Achievements, preferential terms of taxation and credit, other benefits in accordance with the legislation of the Russian Federation. The selection works are of high priority and are carried out mainly at the expense of the republican budget of the Russian Federation. Profit (income) and foreign exchange revenue received by the patent holder and licensee from the use of the selection achievement shall not be subject to taxation within two years after the tolerance of selected achievement to use. For varieties of grapes, wood-decorative, fruit and forest species, including their horseback, this period is five years. Revenues obtained by the state budget organization from the use of selection achievement remain at the disposal of the state budget organization. Article 25. Preserve selection The holder is obliged to support the variety, breed during the term of the patent, so that the characteristics indicated in the description of the variety, the breed written on the date of registration, are preserved State register of protected selection achievements. The holder is obliged, at the request of the State Commission, to provide seed varieties or tribal material for testing and to allow on-site inspection. Article 26. The recognition of a patent is invalid Any person may apply to the State Commission to declare the patent invalid. The State Commission sends a copy of the application to the patent holder, who can provide a reasoned answer within three months from the date of the said copy. The State Commission shall take a decision on this matter within six months, unless further testing is required. The State Commission recognizes the patent invalid if it is found that: a) it was issued on the basis of unconfirmed data on the homogeneity and stability of the applicant's selection achievement; b) on the date of the patent, the selection achievement did not meet the criterion of novelty or invisibility; in) the person identified in the patent as patent holder had no legal basis to obtain a patent. Article 27. Cancellation of a patent Patent annuates by the State Commission if: Selection achievement no longer meets the conditions of homogeneity and stability; The patent holder did not provide the owner at the request of the State Commission within 12 months of seed, tribal material, documents and information that are necessary to verify the breedness of the selection achievement, or to provide an opportunity to inspect the selection achievement on the ground for this purpose; The patent holder has not paid the duty to maintain The patent is in force; is cancelled by the name of the selection achievement, and the patentee has not proposed another suitable name. Article 28. Liability for violation of the right of the patentee Any natural or legal person who uses a selection achievement in violation of the requirements established by this Law shall be found guilty of a violation of the law the patent holder. At the request of the patentee or the State Commission, the violation must be terminated with the reparation of the patent holder by the person who has committed the breach. Patent requirements may also be claimed by the holder of an exclusive or non-exclusive licence unless otherwise specified in the licence agreement. Article 29. Liability for violation of other rights patentee and breeder 1. A natural or legal person is considered guilty of violating the other rights of the patent holder and breeder if it: (a) assigns the produced and/or sold seeds to the tribal material, which is different from the registered name of this selection achievement; b) assigns produced and (or) sold seeds to the tribal material the name of the recorded selection achievement, and the seeds produced and sold, tribal material is not seeds, tribal material of this selection; in) assigns produced and (or) sold seeds to tribal material that is so similar to the name of the recorded selection achievement that they can be confused; g) contributes false entries in the State Register of protected selection achievements and in the records or provides instructions for their introduction; d) falsifies documents, produces false documents for the fulfillment of the provisions of this The law or instructions for such forgery or manufacture; (e) submits documents containing false information about the selection achievement; ) implements seeds, tribalism without a certificate. 2. The perpetrators of the acts referred to in paragraph 1 of this article shall be liable in accordance with the law in force. 3. Disputes arising out of the application of this Act shall be dealt with by the courts. Article 30. Publications 1. The State Commission issues an official bulletin which publishes the following information: (a) the patent applications received, indicating the date of the priority of the applicant's achievement, the name (s) of the applicant, the name of the selection achievement, the names and initials of the author, if the latter did not refuse to be mentioned as such; b) on the decisions taken on the application; in) on changes in the name of the breeding achievements; g) on the recognition of patents and their invalidation; d) other particulars, The Conference of the Parties, 2. After the publication of information about the patent applications received and the decisions taken on these applications, any person has the right to consult the materials of the applications. Article 31. Appeals against the decision of the State Commission The decision of the State Commission on granting or refusing to grant a patent, the acceptance of a patent, or the annulment of a patent, may be appealed in the courts. Article 32. The use of breeding achievements The inclusion of plant varieties, breeds of animals in the State Register of selection achievements approved for use is carried out by the State Commission on the results of state tests on economic activity. Usefulness On certain types and types established by the State Commission, the inclusion of plant varieties, breeds of animals in the State Register of Selection Achievements made for use is carried out on the basis of expert assessments or data of the applicant. The seeds and breeding material being implemented in the respective region of the Russian Federation should be provided with a certificate attesting to their varietal, porto, origin and quality. The certificate is issued for the seeds of the variety, the breeding material of the breeds authorized for use in the region. To replace seeds, breeding material for export outside the region is not required for use in the region. According to the selected achievements included in the State Register of Protected Varieties of Plants, the certificate is issued only for seeds, tribal material obtained legally. Application for admission to use of plant varieties and animal breeds is submitted to the State Commission with a description of selection achievement, guarantee of free grant for testing of required number of seeds, tribali Material, document on payment of the application fee and guarantee of payment of the duty for carrying out state tests of economic utility. The application for these tests must come within the deadline set by the State Commission in order to carry out state testing of the variety of plants for the economic utility in the next agricultural season. Article 33. Patent duties Patent duties are levied for legally significant actions related to a selection patent. Patent duties are paid to the State Commission. The list of actions for which patent duties are levied, the amount of the duties and the period of their payment, as well as the grounds for exemption from the payment of duties, the reduction of their size or the return of duties, shall be determined by the Government of the Russian Federation. P E L VIII INTERNATIONAL COOPERATION Article 34. The right to apply to other States The collector or its successor shall be entitled to apply for the protection of a selection achievement to the competent authorities of another State. The applicant is responsible for the protection of the rights to selected achievements outside the Russian Federation. Article 35. The rights of foreign citizens and legal persons Foreign nationals and legal entities shall enjoy the rights provided for in this Law and other legislative acts of the Russian Federation in the field of the protection of breeding achievements; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 36. International treaties If an international treaty with the participation of the Russian Federation establishes rules other than those contained in this Act, the rules of the international treaty shall apply. President of the Russian Federation ELTSIN Moscow, House of Russia 6 August 1993 N 5605-I