On legal protection of selection achievements

(Bulletin of the Mejlis of Turkmenistan, 2011, № 3, Article 51)

This Law determines the legal, economic and organizational basis for activities in the field of selection achievements, regulates property and related personal non-property relations arising in connection with the creation, identification, breeding, protection and use of selection achievements.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts

In the present Law the following basic concepts:
selection achievement - a new plant variety, the new animal breed (their lines, types and crosses), registered in the State Register of selection achievements;
Grade - a group of plants, which is determined on the basis of characterizing the given genotype or combination of genotypes, and different from other groups of plants of the same botanical taxon by one or more attributes;
Breed - a group of animals that has a genetically determined biological and morphological properties, attributes that are specific to this group and distinguish it from other groups of animals. The breed can be represented by females and males or breeding material;
Breeder - the person who brought the creative work or discovered and developed the selection achievement;
Seed and planting material - seeds, seedlings, bulbs and other parts of plants intended for the reproduction of the variety;
Breed animal - an animal intended for reproduction of the breed;
Breeding material - a breed animal and its gametes or zygotes (embryos);
Applicant - a natural or legal person who has applied for a patent for a selection achievement;
Patent holder - the person having the exclusive right to selective achievement protected by a patent.

Article 2. Legislation of Turkmenistan in the sphere of legal protection of selection achievements

1. The legislation of Turkmenistan in the sphere of legal protection of selection achievements based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan governing the legal protection of selection achievements.
2. If an international treaty of Turkmenistan establishes other rules than those stipulated by this Law, the rules of the international treaty.

Article 3. Legal Protection of Selection Achievements

1. The right to a selection achievement shall be protected by this Law, other legislative acts of Turkmenistan and confirmed by a patent for a selection achievement (hereinafter - the Patent).

Patent certifies the exclusive right of the patent owner to use the selection achievement, authorship of the breeder and the priority of the selection achievement.
Volume protection of the selection achievement, for which a patent is issued, is determined by the totality of essential features set forth in the official description of the selection achievement in the State Register of selection achievements.
2. The validity of a patent shall be calculated from the date of registration of the selection achievement in the State Register of selection achievements and is:
30 years - on the grapes, woody ornamental, fruit and forest trees, including their rootstocks;
25 years - on plant varieties of other species;
30 years - on the animal's breed.

CHAPTER II. State regulation in the field of legal protection of selection achievements

Article 4. Regulatory agencies

State regulation in the field of legal protection of selection achievements realized by the Cabinet of Ministers of Turkmenistan, the authorized state body for the issuance of patents on plant varieties and animal breeds, the authorized state body for Variety Testing and the authorized state body for the testing of animal species in the order established by the legislation of Turkmenistan.

Article 5. Competence of the Cabinet of Ministers of Turkmenistan in the sphere of legal protection of selection achievements

The Cabinet of Ministers of Turkmenistan:
ensure implementation of the Constitution of Turkmenistan, this Act, the President of Turkmenistan acts and decrees of the Cabinet of Ministers of Turkmenistan, Turkmenistan's international agreements regulating the relations in the field of legal protection of selection achievements;
Implements the state policy in the field of selection achievements;
Approves the State list of botanical and zoological genera and species of plant varieties and animal breeds that are subject to legal protection of selection achievements;
Complements and eliminates the genera and species from the State list of botanical and zoological genera and species of plant varieties and animal breeds on the proposals of the authorized state body for the issuance of patents on plant varieties and animal breeds;
Ensures international cooperation in the field of selection achievements;
Resolve other questions related to its competence by the legislation of Turkmenistan.

Article 6. Competence of the authorized state body for the issuance of patents on plant varieties and animal breeds

The authorized state body for the issuance of patents on plant varieties and animal breeds:

Receive applications for patents for selection achievements;
Conducts a preliminary examination of patent applications;
Decides to grant a patent or to refuse to issue the results of the examination for novelty, as well as tests for distinctness, uniformity and stability derived from the authorized government agency for variety testing and the authorized state body for the testing of animal breeds;
Carries out state registration of selection achievement in the State Register of selection achievements;
Provides publication of official data concerning the protection of breeding achievements;
Gives patents for selection achievements;
Oversees the maintenance of patents for selection achievements;
Performs other duties related to his competence by the legislation of Turkmenistan.

Article 7. The competence of the authorized state body for Variety Testing and the authorized state body for the testing of animal breeds

The authorized state body for Variety Testing and the authorized state body for the testing of animal breeds:
conduct tests for distinctness, uniformity and stability;
Issue conclusions about the test results, respectively of plant varieties and animal breeds;
Perform other functions ascribed to them by the legislation of Turkmenistan.


Article 8. Representation
Legal and physical persons have the right to deal with the authorized state body for the issuance of patents on plant varieties and animal breeds directly, through agents or patent attorneys, except as provided for by Article 51 of this Law.
The powers of representative or patent agent shall be certified attorney.

Chapter III. protecting a selection achievement

Article 9. Conditions for protecting a selection achievement

1. A patent is granted for a selection achievement, meet the criteria for eligibility, and genus and species of plant varieties and animal breeds included in the State list of botanical and zoological genera and species of plant varieties and animal breeds.
The criteria for protecting a selection achievement are novelty, distinctness, uniformity and stability.
2. A selection achievement shall be deemed new if on the filing date of a patent application and seed planting or breeding material of this selection achievement have not been sold or otherwise disposed of to others by the breeder, or its successor, with their consent, to use the selection achievement:

In Turkmenistan - earlier than one year before that date;
In the territory of another State:
a) earlier than four years before the said date,
b) earlier than six years if it concerns grapes, wood, decorative, fruit crops and forest trees. 3
. A selection achievement shall be deemed to be distinct if it is clearly distinguishable from any other commonly known selection achievement existing at the date of filing of the application.
Well-known selection achievement recognizes the achievement of breeding that is in the official catalogs, reference fund or having a precise description in a publication or is included in the State Register of selection achievements.
Selection achievement is considered to be well-known from the filing date in any country, provided that such an application or issued patent provides another similar form of protection.
4. A selection achievement shall be considered uniform if taking into account the peculiarities of breeding plants and animals are quite similar in their essential characteristics.
5. A selection achievement shall be considered stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle of propagation.

Article 10. Name of the selection achievement

1. The selection achievement shall have a name indicating its generic affiliation.
Name of the selection achievement shall allow to identify the selection achievement, to be brief, differ from the names of existing selection achievements of the same or a close botanical or zoological species. It should not only consist of digits, mislead as to the characteristics, origin, value selection achievement, identity of the breeder, contrary to principles of public morality.
2. Name of the selection achievement proposed by the applicant for a patent in the authorized state body for the issuance of patents on plant varieties and animal breeds. If the name of the selection achievement does not meet the requirements of this Article, the applicant is required to change it in a timely manner.
Name of the selection achievement may be changed on the initiative of the applicant, subject to conditions established by the authorized state body for the issuance of patents on plant varieties and animal breeds. 3
. Any person using a selection achievement shall use the name under which it is registered in Turkmenistan in the State Register of selection achievements.

When the selection achievement is offered for sale or marketed, it is permitted to use its registered name together with a trade mark, trade name or other similar indication. In case such a combination of name selection achievement should be, however, easily recognizable.

Article 11. Persons entitled to apply for a patent for a selection achievement

1. The right to apply for a patent for a selection achievement (hereinafter - the application) has a breeder, employer or their successor in title (hereinafter - the applicant).
If the selection achievement created by several persons jointly, they shall have the right to the joint filing.
2. An application may be filed through an agent (representative), which, according to the power of attorney, conducts business associated with obtaining a patent. 3
. Employees of the authorized state body for the issuance of patents on plant varieties and animal breeds, as well as the authorized state body for variety testing and the authorized state body for the testing of animal species during the period of work in these establishments are not eligible to apply for a patent for a selection achievement or act as a representative.

Article 12. A selection achievement created in the course of employment

1. A selection achievement shall be deemed established in the course of employment, if you create a breeder fulfilled:
1) the duties inherent in the position occupied by him;
2) the task specifically entrusted to him for the purpose of creating the selection achievement.
2. The right to submit an application for selection achievement created in the course of employment belong to the employer, unless the contract between the breeder and the employer does not provide otherwise.
If the employer within four months from the date of notification of his breeder created a selection achievement has not filed an application to the authorized state body for the issuance of patents on plant varieties and animal breeds, the breeder has the right to apply for and obtain a patent in his own name.
In this case, the employer has the right to priority use of the selection achievement in their own production with payment of compensation to the patent owner determined on contractual basis. 3
. A selection achievement created, inferred or detected an employee using the financial, technical and other material resources of the employer, but not in the performance of their duties or a specific task of the employer, not the office. The right to obtain a patent and the exclusive right to such selective achievement belongs to the employee.

In this case, the employer has the right at its choice to demand of him to grant a simple (non-exclusive) license to use the selection achievement for their own needs for the duration of the exclusive right to selective achievement any compensation on the part of the employee costs incurred by the employer in connection with the establishment , breeding or identification of the selection achievement.

Article 13. Applying for a patent

1. A patent application is served to the authorized state body for the issuance of patents on plant varieties and animal breeds, which is the date of receipt of the filing date of the application.
A patent application shall relate to one selection achievement.
2. A patent application must contain:
1) an application for grant of a patent for a selection achievement with the indication of the author (co-authors) and the person (s) to whom (which) the name of the patent is requested, as well as its (their) place of residence or location;
2) description of the variety or the breed. 3
. Shall be accompanied by the following documents:
1) profile of the variety (rock);
2) a set of photographs of the variety (rock);
3) a document confirming payment of the fee for filing an application in the prescribed amount or confirming the grounds for exemption from payment of the fee or reduce its size;
4) power of attorney, if the application is filed by the representative of the applicant.
4. Documents attached to the application must be submitted to the authorized state body for the issuance of patents on plant varieties and animal breeds within three months from the date of receipt of the application.
If the mentioned documents are not submitted within three months from the filing date, the time limit may be extended at the request of the applicant by an additional three months, provided the appropriate fee payment.
In case of failure of the above documents within the specified deadlines and additional application admits withdrawn.
5. Application for grant of a patent is submitted in the official language of Turkmenistan. Other documents of the application may be presented in a different language with the translation of their application.
Documents submitted in another language deemed filed on the date of filing of the application to the authorized state body for the issuance of patents on plant varieties and animal breeds, if translation is received within three months from the filing date.
If said translation is not submitted within three months from the filing date, the time limit may be extended at the request of the applicant by an additional three months, provided the appropriate fee payment.
In case of failure to transfer within the specified deadlines and additional application admits withdrawn.

6. The application with the reclamation right of priority is further attached a certified copy of the first application and its translation into the national language, which are submitted no later than four months from the date of filing of the application to the authorized state body for the issuance of patents on plant varieties and animal breeds.
7. The applicant is responsible for the accuracy of the information specified in the application materials.
The applicant has the right to withdraw an application for a patent at any time before the date of the decision to extradite him or to refuse extradition.
8. Requirements for the patent application and annexed documents shall be established by the authorized state body for the issuance of patents on plant varieties and animal breeds.

Article 14. The priority of the selection achievement

The priority of the selection achievement shall be the date of filing the authorized state body for the issuance of patents on plant varieties and animal breeds.
The priority of the selection achievement may be determined by the date of filing of the first application in a foreign country, if the application has been filed to the authorized state body for the issuance of patents on plant varieties and animal breeds, within twelve months of that date. If for reasons beyond the applicant's application to the circumstances of the reclamation of priority could not be filed within the prescribed period, the latter may be extended by no more than three months.
Priority-setting should be stated in an application or within three months from the date of filing of the application to the authorized state body for the issuance of patents on plant varieties and animal breeds.
A certified copy of the first application, as well as sample and (or) other evidence of the identity of breeding achievements, which are the subject of both applications be submitted no later than four months from the date of receipt of the application to the authorized state body for the issuance of patents on plant varieties and animal breeds .
If it is determined that identical selection achievements have the same priority date, the patent is issued on the application for which has been demonstrated earlier date of sending it to the authorized state body for the issuance of patents on plant varieties and animal breeds, and the coincidence of these dates - on the application having an earlier registration number in the body.

Chapter Iv. Examination of a selection achievement

Article 15. Examination of Application

Examination of an application, including preliminary examination, examination for novelty, as well as a test of the claimed selection achievement for distinctiveness, uniformity and stability.

Article 16. Preliminary examination of an application


1. Preliminary examination of the application is carried out in the month following the expiration of three months from the date of its submission to the authorized state body for the issuance of patents on plant varieties and animal breeds in the presence of the documents provided for in Article 13 of this Law.
During the preliminary examination, the applicant has the right, at its own initiative, to supplement or correct the application materials without changing the essential features of the claimed selection achievement.
2. Preliminary examination includes checking:
compliance of the claimed selection achievement endorsed by the State list of botanical and zoological genera and species of plant varieties and animal breeds;
Supplies one application materials selection achievement;
Availability of the necessary documents and compliance with the established requirements to them;
Compliance to the name of the selection achievement;
Observance of lawfulness and order of priority of reclamation.
If the application meets the requirements of the preliminary examination, the applicant will be notified of the acceptance of the application for review, indicating the date fixed for its filing and application number.
In the case of non-compliance of the claimed selection achievement endorsed by the State list of botanical and zoological genera and species of plant varieties and animal breeds, or the lack of documents provided for in Article 13 of this Law, the applicant shall be notified of the refusal to accept the application for consideration. 3
. On request, drawn up in violation of the requirements for accompanying documents, the applicant shall be invited for three months from the date of its directions to submit the corrected or missing documents.
Established a three-month period for the applicant's request may be extended by six months.
If the applicant within the prescribed three-month period does not submit the requested documents or petition for an extension, the applicant is sent a notice of expiry of the deadline.
The period for the submission of missing documents requested, it can be restored at the applicant's request. Request for restoration of the missed deadline with the application of the requested documents must be filed by the applicant no later than six months from the deadline date.
In the case of non-application for restoration of the term for six months the application is considered withdrawn, what the applicant is notified.

If you disagree with the decision of preliminary examination, the applicant may, within three months from the date of the decision to file an objection to the appeal commission of the authorized state body for the issuance of patents on plant varieties and animal breeds.

Article 17. Application Publication

1. The authorized state body for the issuance of patents on plant varieties and animal breeds, within six months from the date of completion of the formal examination of the application with a positive result, publish information on the application in the Official Gazette. The composition of the published information is determined by the authorized state body for the issuance of patents on plant varieties and animal breeds. After the publication of information on the application, any person may have access to its materials.
2. Publication of the application data is not performed if the application before the expiration of the publication period has been revoked. 3
. The author of the selection achievement may refuse mentioned as such in the published particulars of the application, if it is not the applicant.

Article 18. Temporary legal protection

1. Temporary legal protection of the selection achievement from the date of publication of an application prior to the date of registration of the selection achievement in the State Register of selection achievements.
2. For the period of the provisional legal protection to the applicant subject to the right of the patent holder in accordance with the second and third parts of Article 28 of this Law. 3
. Temporary legal protection shall not be considered if the application for a decision to refuse to grant a patent.
4. The person using the claimed selection achievement during his temporary legal protection, shall at the request of the patent owner to pay the latter after receiving the patent compensation, the amount of which is determined by agreement with the patent holder. If an agreement is not reached between the parties, the amount, terms and procedure for payment of compensation determined by the court.
These measures apply only to persons whom the applicant notified of the filing of the application.

Article 19. Examination of a selection achievement on novelty

1. Examination of the claimed selection achievement for novelty is conducted by the authorized state body for the issuance of patents on plant varieties and animal breeds. Any interested person within six months from the date of publication of an application has the right to submit to the body a claim for the novelty of the claimed selection achievement.

The applicant is notified of the receipt of the claim. If you disagree with the claim the applicant has the right within three months from the date of the notification to submit a reasoned objection to the authorized state body for the issuance of patents on plant varieties and animal breeds.
As a result of examination of the authorized state body for the issuance of patents on plant varieties and animal breeds, make a determination of compliance or non-compliance of the claimed selection achievement criteria of novelty, what informed the applicant and the person who filed the complaint.
2. If the claimed selection achievement does not meet the criteria of novelty, the authorized state body for the issuance of patents on plant varieties and animal breeds makes a decision to refuse to grant a patent. 3
. At positive results of examination of selection achievement on novelty of the authorized state body for the issuance of patents on plant varieties and animal breeds sends a notification to the applicant, in which period of twelve months from the date of dispatch is offered:
- to present the test results of the selection achievement, carried out respectively by the authorized state body Variety testing or the authorized state body for the testing of animal breeds, or the competent authorities of other states;

Or - to request a test of selection achievement for distinctiveness, uniformity and stability, and pay the prescribed fee.
4. If the applicant within a period of twelve months has not submitted the required materials or filed an application for extension of the deadline, or not submitted the request for the tests, the application shall be deemed withdrawn.
Established period of twelve months at the applicant's request may be extended by no more than six months.

Article 20. Testing a selection achievement for distinctiveness, uniformity and stability

1. The test of the claimed selection achievement for distinctiveness, uniformity and stability are carried out respectively by the authorized government agency for variety testing or authorized state body for animal species tested at the request of the breeder or his employer.
Selection achievement tests are conducted according to accepted standard procedures and terms established by these bodies.
The applicant shall submit the required number of tests for seed, planting or breeding material.

2. According to test results, respectively the authorized government agency for variety testing or authorized state body for testing animal species, make a determination with regard to distinctness, uniformity and stability of the claimed selection achievement, which is sent to the authorized state body for the issuance of patents on plant varieties and animal breeds. 3
. The authorized state body for variety testing or an authorized state body for the testing of animal species in the preparation to sign the right to use the results of tests carried out by other competent organizations of Turkmenistan and the competent organizations of foreign countries, as well as data provided by the applicant.

Article 21. Decision-making expertise

1. The authorized state body for the issuance of patents on plant varieties and animal breeds on the basis of the test results according to the second part of Article 20 or opinions submitted by the applicant under the third part of Article 20, not later than within three months from the date of receipt of the above documents is considering the application for compliance with the selection achievement criteria patentability.
2. If the selection achievement meets the criteria for eligibility and its name complies with the requirements of the authorized state body for the issuance of patents on plant varieties and animal breeds shall decide on the grant of a patent.
Solution with attached description of the selection achievement to the applicant. 3
. If the selection achievement does not meet the criteria for eligibility, the authorized state body for the issuance of patents on plant varieties and animal breeds shall issue a reasoned decision to refuse to grant a patent, which is sent to the applicant.

Article 22. Appeals against decisions of examination

1. In case of disagreement with the decision of the examination made at any stage of the application, the applicant may, within three months from the date of the decision to file an objection to the appeal commission of the authorized state body for the issuance of patents on plant varieties and animal breeds (hereinafter - the Appeals Commission).
Appeal shall be heard by the Appeals Committee in the four-month period from the date of its receipt.
The applicant shall have the right, personally or through his representative to participate in the opposition.
2. Appeal against examination decisions made pursuant to the procedure approved by the authorized state body for the issuance of patents on plant varieties and animal breeds.

Chapter V. Registration of a selection achievement and the grant of a patent


Article 23. The procedure of registration and issuance of a selection achievement patent

1. A selection achievement registered by the authorized state body for the issuance of patents on plant varieties and animal breeds in the State Register of Protected Selection Achievements within two months from the date of receipt of the document confirming payment of the fee for registration and issuance of a patent.
A document confirming payment of the fee for registration of the selection achievement shall be submitted by the applicant within three months from the date of decision to grant a patent.
If you delay payment fees to the applicant is given a grace period is six months from the date of expiry of the three-month fixed term and subject to payment of an appropriate fee. In case of failure of the payment within the prescribed fee and the grace period the application is deemed to be withdrawn, what the applicant is notified.
2. In the registered selection achievement the authorized state body for the issuance of patents on plant varieties and animal breeds patent gives the person in whose name it was sought.
If there are several persons in whose name the patent is requested, it is issued to the applicant, said in a statement first. 3
. The details of the patent may be amended, related to the change of the patent owner data, and other changes related to the patent information.
4. The list of information entered into the State Register of Protected Selection Achievements, the shape and composition of the patent referred to in it shall be established by the authorized state body for the issuance of patents on plant varieties and animal breeds.
5. After obtaining a patent the patentee shall, upon request of the authorized state body for the issuance of patents on plant varieties and animal breeds to send the required number of propagating or breeding material for deposition.

Article 24. Publication of information about the patent

1. The authorized state body for the issuance of patents on plant varieties and animal breeds, within six months from the date of registration of the selection achievement in the State Register of Protected Selection Achievements shall publish in the Official Gazette concerning the grant of a patent and the official description of the selection achievement. The composition of the published information determined by the authorized state body for the issuance of patents on plant varieties and animal breeds.
2. The author of the selection achievement shall have the right to refuse to be mentioned as such in the published particulars of the patent if it is not the patent owner.
3
. The authorized state body for the issuance of patents on plant varieties and animal breeds publish in the Gazette any subsequent changes made to the State Register of protected breeding achievements regarding:
- the patent holder;
- Registered contracts of assignment and license agreements;
- Discontinuation or reduction of the patent;
- Invalidation of the patent;
- Revocation of a patent;
- Other information relating to the selection achievement.


Article 25. Fees
1. For fulfillment of legally significant actions connected with the filing of the application, verification, testing, issuing a patent and its maintenance, as well as other procedures fees are payable by the relevant Regulations on Fees.
Regulation on Fees and the attached list of acts for which fees are charged, with an indication of their size, terms and order of payment approved by the Cabinet of Ministers of Turkmenistan.
2. The patentee shall pay an annual fee for maintaining the patent in force.
The annual fees shall be paid no later than the end of the first month of the year, the patent for which the fee is paid. The fee shall be paid for the full year of the patent.
For the payment of fees for the maintenance of the patent the patentee is given a grace period of six months subject to payment of an additional fee.
The fees may be paid by the applicant, patent owner or other person.
If the fee for maintaining the patent in force, and an additional fee is not paid within the grace period, the patent shall be terminated early. 3
. Proceeds from the collection of duties and act in the State Budget of Turkmenistan.
Because these funds are financing the cost of operation and development of the state system of protection of selection achievements, including technical equipment, the creation and use of its automated system; the formation of the state of patent information database; pay, training and promotion of staff; payment of fees and other payments required to ensure the participation of Turkmenistan in the international agreements in the field of selection achievements.

Chapter VI. Author selection
achievements and his right

Article 26. The author of the selection achievement

1. The author of a breeding achievement shall be a physical person by whose creative work is created.
2. If the creation of a breeding achievement was attended by several persons, they are considered co-authors. The order of using the rights belonging to the co-authors shall be determined by agreement between them.
3
. Not considered co-authors who are not who made a personal contribution to the establishment of a breeding achievement, and to the author (or authors) technical, organizational, financial or other assistance.

Article 27. Rights of the author of the selection achievement

1. The author's right is inalienable personal right and shall be protected perpetually.
2. The author of the selection achievement, submitted to the State Register of Protected Selection Achievements, not the patent, the authorized state body for the issuance of patents on plant varieties and animal breeds gives an official certificate confirming his authorship. 3
. The author has the right to give his own name his selection achievement.
4. The author has the right to receive remuneration for the patentee to use established, identified or extracted them breeding achievement during the term of the patent. Amount and terms of payment of remuneration determined by the contract concluded between the patent owner and author.
This remuneration to the author shall not be below the minimum value, which is determined by differentially selective achievements on the basis of the prospects, the use and the economic efficiency of plant varieties and animal breeds and approved in accordance with the legislation of Turkmenistan.
5. The remuneration paid to the author within six months after the end of each year in which a selection achievement was used, if the author's agreement with the patent holder does not provide otherwise.
6. If a variety or breed created, discovered or bred by several authors, remuneration shall be distributed in accordance with the agreement between them.
7. The dispute about the size, order, or on the terms of payment of remuneration to the patent owner from the use of the selection achievement is allowed by the court.

Chapter VII. The patentee, his rights and obligations

Article 28. The patentee selection achievement

The right to obtain a patent belongs to:
- the author (co-authors) of the selection achievement;
- Employer in the cases provided for in Article 12 of this Law;
- Successor (s) of the author of the selection achievement or the employer.

Article 29. Rights of the patentee

1. The patent has the exclusive right to use and authorize or prohibit the use of a protected selection achievement.
No one has the right to take actions that are in violation of the exclusive right of the patent holder, including use without his permission selection achievement, except for cases stipulated by this law.

2. patentee permit is required for the following actions in respect of the selection achievement:
1) production or reproduction (multiplication);
2) bringing to sowing conditions for seed multiplication purposes;
3) offering for sale;
4) sale or other marketing types;
5) the export from the territory of Turkmenistan;
6) into the territory of Turkmenistan;
7) storage for the above purposes. 3
. The exclusive right of the patent owner shall also apply to plant material that is produced from the seed or planting material of the protected variety, as well as on commodity animals produced by breeding animals of protected species, which have been placed on the market without the permission of the patent holder.
The exclusive right of the patent owner shall also apply to the seed, planting or breeding material that:
- essentially derived from the protected (initial) variety or breed, where the protected variety or breed is not significantly inherit the features of other selection achievements;
- Have no obvious differences from the protected variety or breed;
- Require repeated use of the protected variety or breed for their reproduction.
4. Selection achievements, essentially derived of another (original) protected selection achievement, recognized achievement of breeding that the apparent difference from the original:
- inherits the most essential features of the original selection achievement or selection achievement which itself inherits the essential features of the original selection achievement, while retaining the essential characteristics that result from the genotype or combination of genotypes of the initial selection achievement;
- Corresponds to genotype or combination of genotypes of the initial selection achievement, except for deviations caused by the use of such methods as individual selection from the initial breed varieties, selection of an induced mutant or genetic engineering.
5. Relationships using selective achievement that belongs to multiple patent holders are determined by agreement between them. In the absence of such agreement, each patent owner may use a selection achievement at its discretion, but has no right to grant a license or assign the patent to another person without the consent of other patent owners.

Article 30. Duties of the patentee

1. The patent holder is obliged to support the variety or breed during the term of the patent so as to retain the original features, specified in the official description of the variety or breed of the date of their registration in the State Register of Protected Selection Achievements.

2. The patent owner shall, at the request of the authorized state body for the issuance of patents on plant varieties and animal breeds directed respectively to the authorized government agency for variety testing or authorized state body for the testing of animal breeds the seeds to conduct control tests and to provide facilities for on-site inspection or provide breeding material control of on-site testing.

Article 31. Exhaustion of rights of the patent holder

The right of the patent holder does not extend to acts concerning any material of the protected variety or breed after their introduction into economic circulation by sale or other distribution of species on the territory of Turkmenistan or export beyond by the patentee or with his consent, if such actions are not aimed at further propagation of the variety or breed.

Article 32. Violation of the rights of the patent holder

Violation of the rights of the patent owner the following actions are recognized Implemented without the permission of the patentee:
- production and reproduction (multiplication) of the selection achievement;
- Bringing the selection achievement to propagating or breeding condition;
- Offering for sale, sale and other introduction into commercial turnover of the product created by using the selection achievement;
- Storage, import, export from the territory of Turkmenistan for the above purposes of seed, planting or breeding material of a protected selection achievement.

Article 33. Acts Not Infringing the rights of the patent holder

No infringement of the rights of the patentee:
- action on the use of the protected variety, the breed as a raw material for breeding new selection achievement;
- Provide the authorized state body for the issuance of patents on plant varieties and animal breeds to a third party to perform activities requiring authorization of the patentee, the patent owner receives fair compensation;
- The use of a business entity of seed, planting or breeding material obtained from the patent holder, to reproduce on its territory.

Article 34. The right of the patent holder and measures regulating commercial activity

The right of the patent holder does not depend on any measures taken to control the territory of Turkmenistan the production, certification and marketing of material selection achievements or exportation or importation of such material.

Article 35. Exclusion of any other reason to cancel the patent holder's rights


The right of the patent owner can not be canceled due to reasons other than those set out in the provisions of Section 36 and the first part of Article 37 of this Law.

Chapter VIII. Patent invalidation, termination and restoration of the patent

Article 36. Recognition of a patent as invalid

1. The patent for the entire period of its validity may be contested and invalidated if:
- registered breeding achievement did not meet the conditions for eligibility established by this Law;
- The person named in the patent as the patent owner had no legitimate reason to receive it.
2. Any interested person may apply to the Appeals Commission reasoned objection on the invalidation of the patent on the grounds provided by part one of this article. For submission and consideration of the objection shall be payable.
A copy of objections sent to the patentee, which within three months from the date of receipt of a copy of the objection may submit a reasoned response. 3
. The patent shall be deemed invalid in accordance with the first paragraph of this Article shall be terminated from the date of registration of the selection achievement.
The authorized state body for the issuance of patents on plant varieties and breeds of animals introduced into the State register of breeding achievements and publishes information on patents invalid in the bulletin.

Article 37. Lapse of patent

1. The patent shall be terminated early if the patent holder has not paid the annual fee for maintaining the patent in force within the prescribed and additional time. In this case, the patent is terminated from the deadline date.
2. The patent shall be terminated early on the basis of the application of the patent holder to refuse the patent. Renunciation shall take effect from the date of receipt of the application to the authorized state body for the issuance of patents on plant varieties and animal breeds. Disclaimer by the patent may not be withdrawn.
The patent holder must notify the author (s) of the intention to renounce the patent. In this case, the author has the right of ownership of the patent.
If a patent is the subject of the license agreement, the rejection of it is possible only with the consent of the holder of the license, unless otherwise provided by the contract. 3
. The authorized state body for the issuance of patents on plant varieties and breeds of animals entered in the State Register of Selection Achievements and publish in the Gazette information on patents, the effect of which is terminated prematurely.

Article 38. Cancellation of the patent

1. A patent is void if:

- A selection achievement no longer meets the criteria of uniformity and stability;
- Patent within twelve months has not provided upon request of the authorized government agency for variety testing, the authorized state body for the testing of animal species or the authorized state body for the issuance of patents on plant varieties and animal breeds seed, planting, breeding material, documents and information, which are necessary for checking the conformity of the selection criteria to achieve uniformity and stability, or not provided opportunities to conduct an inspection of a selection achievement on the ground for that purpose;
- The name of the selection achievement shall be canceled and the patent does not propose another suitable name.
2. The authorized state body for the issuance of patents on plant varieties and breeds of animals entered in the State Register of Selection Achievements and publish in the Gazette information on the patents revoked.

Article 39. Restoration of missed deadlines

1. Missed the applicant or patentee terms stipulated by the fourth part of Article 13, part three of Article 16, the second part of this article, part one of Article 23 of this Act may be recovered by the authorized state body for the issuance of patents on plant varieties and animal breeds.
2. Missed the deadline for submission by the applicant of documents or other materials requested by the examiner, the deadline for request for examination, the deadline for objections to the decision of examination can be restored at the applicant's request. 3
. Request for restoration of the missed deadline may be submitted by the applicant to the authorized state body for the issuance of patents on plant varieties and breeds of animals not later than six months from the deadline date, subject to payment of an additional fee.

Article 40. Restoration of patent

1. A patent for a selection achievement, discontinued due to non-payment of fees for its maintenance in force, may be restored at the request of the patentee or the exclusive licensee. The petition must be filed with the authorized state body for the issuance of patents on plant varieties and animal breeds for three years from the date of the patent, but not later than the expiry of the period of its validity. It shall be attached a document confirming payment of the fee for the restoration of the patent.
2. The authorized state body for the issuance of patents on plant varieties and animal breeds publish in the Gazette information on the restoration of the patent.


Article 41. The right of subsequent

1. A legal or natural person who, in the period between the date of termination of the patent and the date of publication in the Official Journal of the authorized state body for the issuance of patents on plant varieties and animal breeds information about the restoration of the patent the beginning of use of the patented selection achievement on the territory of Turkmenistan, or made within the specified period necessary preparations, retains the right to continue its free use without increasing the volume of such use (right of subsequent use).

Chapter IX. Transfer of rights to a patent

Article 42. Transfer of rights in a selection achievement

The patent for the selection achievement during the period of validity may be subject to transfer of rights.
The right to obtain a patent, the rights deriving from registration of the application for a patent and the rights deriving from a patent may be transferred to any person.
Rights may be transferred under the contract of assignment, succession or inheritance, as well as on the basis of a license agreement.

Article 43. Assignment of patent

The right to a patent may be transferred to any interested person under a contract drawn up in any form, and signed by the patent owner and the legal successor.
The contract is registered in the authorized state body for the issuance of patents on plant varieties and animal breeds upon written request by either party and shall enter into force after its registration in the State Register of selection achievements. Information on the registration of the contract are published in the bulletin. Without registration, the contract is considered invalid.

Article 44. The license for the patent

1. A legal or natural person other than a patent holder has the right to use the patented selection achievement only with the permission of the patent holder on the basis of a license agreement.
Under a license contract the patent owner (licensor) undertakes to transfer the right to use the protected selection achievement in the amount stipulated by the contract, another person (licensee). The licensee undertakes to pay the licensor arising from contract payments and perform other actions provided for by the contract.
2. An exclusive license is transferred to the licensee the exclusive right to use the selection achievement within, the stipulated agreement with the licensor retains the right to use it to the extent not transferred to the licensee.
If a non-exclusive license, the licensor retains all the rights granted by the patent, including the right to grant licenses to third parties.

With a full license the licensee the exclusive right to use the selection achievement without saving the licensor of the right to use and issuance of licenses to third parties. 3
. If the license contract provides for the possibility to enter into a sublicense agreement, the licensee is acting in this case as a sub-licensor has the right to sub-license agreement concluded with a third party (the Sub), a non-exclusive license to use the selection achievement.
Responsibility to the licensor for the actions of sub-licensee bears the licensee, unless otherwise provided by the license agreement.
4. Information about the license registration shall be published in the Gazette. Without registration, a license is void.
5. The patent owner may apply to the authorized state body for the issuance of patents on plant varieties and animal breeds the application for granting to any person the right to use the selection achievement (open license). In this case, the payment of fees for maintaining the patent is reduced by 50 percent from the year following the year of publication of information on the open license. Any person wishing to use the selection achievement, the patent holder is obliged to conclude with the relevant contract.
The rights granted under open source license can not exceed the volume of rights granted under a non-exclusive license.
Following the publication of information on open license application for the patent owner the right to an open license may not be withdrawn.

Article 45. Compulsory license

1. If the selection achievement is not used or insufficiently used in Turkmenistan, the patentee or persons who are granted the right to them, within four years from the grant of the patent, any person wishing and ready to use selective achievement, in case of refusal of the patent owner to conclude with this person a license agreement on terms and conditions consistent with established practice, has the right to apply to the court to grant him a compulsory license to use the selection achievement.
If the patent owner fails to prove that the non-use or insufficient use a breeding achievement is due to valid reasons, the court shall give the person concerned a compulsory non-exclusive license to use the definition of the limits, duration, size, terms and order of payment. The amount of payment should not be lower than the market price of the license, determined in accordance with established practice.
The term of the compulsory license is set by the court.

A compulsory license is issued only to the person that can make effective use of the selection achievement acceptable manner according to and within the limits of the license.
2. Compulsory license gives its holder the right to receive from the patent holder of the original seed, planting or breeding material in an amount sufficient for use of the compulsory license.
Compulsory license to the patentee does not create obstacles to the use of the protected selection achievement or the granting of a license to use it to a third party. 3
. The authorized state body for the issuance of patents on plant varieties and breeds of animals entered in the State Register of Selection Achievements and publish in the Gazette notice of the grant of a compulsory license.
For registration and publication in the official bulletin data on granting a compulsory license the corresponding fee shall be paid by the licensee.

Article 46. The use of a selection achievement

Selection achievement is used if Produced, reproduced and driven to varietal or breeding condition for further breeding of seed, planting or breeding material for morphological and physiological attributes corresponds to the information contained in the official description of the protected selection achievement.

Chapter X. Protection of the rights of authors, applicants and patentees


Article 47. Responsibility for violation of the rights of the patent holder

1. A legal or natural person who uses a patented selection achievement in violation of this Act, deemed to be infringing the exclusive right of the patent holder and is responsible in accordance with the law.
2. An action for infringement of the exclusive rights of the patentee can be brought within three years from the date on which the patent owner knew or should have known about the violation of his rights.
Action for infringement of the exclusive right of the patent owner shall be presented by the patent owner or its successor.
Action for infringement of the rights of the patentee can be served as the owner of an exclusive license, unless otherwise provided in the license contract, or the owner of the exclusive license, if it is stipulated by the license agreement. 3
. Legal or natural person who illegally uses a patented selection achievement, at the request of the patentee or the decision of the court is obliged to:
recognize the rights of the patent holder;
Stop acts that violate the rights of the patentee;

Pay damages, including lost profits or to pay compensation determined by the court decision or agreement of the parties;
Compensate for moral damage;
Publish the court decision in order to restore the goodwill of the patentee.
The court may order the confiscation of the infringer of the patent seed, planting or breeding material of a protected selection achievement, as well as the product produced with its use.

Article 48. The Board of Appeal shall

1. In connection with the application of this law, the Appeals Commission is authorized to consider the following objections:
a) decision examination of the application for a selection achievement;
B) the decision of the examination of the registration of the contract on the assignment of a patent and license agreement for the use of the selection achievement;
C) invalidation of a patent in accordance with Article 36 of this Law;
G) the decisions of the authorized state body for the issuance of patents on plant varieties and animal breeds on the early termination of the patent, revocation or renewal of the validity of the patent on the basis of Articles 37, 38 and 40 of this Act;
E) other matters within the competence of the Board of Appeal.
2. The applicant is entitled to file an objection to the Appeals Commission stipulated in part one of this article, in the terms established by the authorized state body for the issuance of patents on plant varieties and animal breeds.
Objections, provided by subparagraphs "a", "b", "d" and "e" of this Article shall be considered by the Appeals Commission in the four-month period from the date of their receipt.
Objections under sub-paragraph "c" of this Article shall be considered by the Appeals Commission within six months from the date of their receipt, unless required additional testing of breeding achievements. 3
. The decision of the Appeals Commission may be appealed in the court of any of the interested parties within six months from the date of approval of the decision of the Appeals Commission.
4. Regulation on the Board of Appeal and the order of consideration of objections and appeals submitted to the Appeals Commission, approved by the parent organization of the authorized state body for the issuance of patents on plant varieties and animal breeds.

Article 49. State Incentives for the Creation and Use of Selection Achievements


In order to ensure scientific and technological progress, strengthen the intellectual potential of Turkmenistan and the promotion of creativity in the selection of the State is entitled to provide patent owners and persons using the selection achievement under the license agreement, as well as those that promote the production and protection of selection achievements, benefits in accordance with the law.

Chapter XI. INTERNATIONAL COOPERATION IN THE FIELD OF LEGAL PROTECTION selection achievement

Article 50. The right to apply for a patent in other countries

Legal and physical persons of Turkmenistan shall have the right to apply for legal protection of selection achievement to the competent authorities of another state.
The application for legal protection of selection achievements, fed to another country, must be previously submitted to the authorized state body for the issuance of patents on plant varieties and animal breeds in Turkmenistan. The costs associated with the protection of selection achievements outside Turkmenistan, the applicant bears.

Article 51. Rights of foreign legal and natural persons

1. Foreign natural and legal persons shall enjoy the rights provided by this Law, along with legal and physical persons of Turkmenistan by virtue of international treaties to which Turkmenistan is a, or on the basis of reciprocity.
2. Foreign legal entities and individuals, as well as Turkmen citizens residing or having a permanent residence outside Turkmenistan in relations with the authorized state body for the issuance of patents on plant varieties and animal breeds can exercise their rights through patent attorneys registered in this body, unless otherwise by international treaties to which Turkmenistan is.

Article 52. Control over import and export of selection achievements

Control the import and export from the territory of Turkmenistan selection achievements registered in the State Register of selection achievements, the customs authorities in accordance with the Customs Code of Turkmenistan and other legislative acts of Turkmenistan governing the import and export of selection achievements.

Chapter XII. FINAL PROVISIONS

Article 53. Consideration of disputes

Disputes related to application of this Law shall be considered in accordance with the legislation of Turkmenistan.

Article 54. Entry into force of this Act

This Law shall enter into force on the day of its official publication.



President Gurbanguly
Turkmenistan Berdimuhamedov

Mountains. Ashgabat
4 August 2011
number 207-IV.