Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC


of July 13, 1999 No. 422-I

About protection of selection achievements

(The last edition from 21-01-2019)

Chapter 1. General provisions

Article 1. The relations regulated by this Law

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

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) exclusive right - to use property right of the patentee selection achievement in any manner at discretion;

2)  No. 161-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 20.06.2018;

3) breeding animal - the thoroughbred animal answering to the direction and level of productivity of breed, registered in republican chamber;

4) breeding products (material) - breeding animal, and also seed, embryos, incubatory egg, daily chickens, caviar, larvae and the juveniles of fishes, breeding uterus of bees, breeding bee families and pchelopaketa received from breeding animals;

5) State commission on sortoispytaniye of crops - the organization which is under authority of authorized body in the field of development of agro-industrial complex, performing examination of plant varieties on patentability and economic usefulness;

6) the bulletin - the official periodical concerning protection of selection achievements;

7) the license agreement - the agreement under which the patentee (licensor) grants to other party (licensee) the right temporarily to use selection achievement definitely;

8) state commissions - State commission on sortoispytaniye of crops and State commission on testing and approbation of breeds of authorized body in the field of development of agro-industrial complex;

9) landing material - landing material of any kind, including reproduktivno and vegetativno the breeding material (seeds, seedling, plants and parts of plants intended for their reproduction);

10) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;

11) the patentee - the owner of the patent;

12) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

13) selection achievement - the new grade of plant, new breed of animal which are result of creative activities of the person on which the patent is granted;

14) the author of selection achievement (selector) (further - the author) - the physical person which created revealed or removed grade, breed;

15) State register of selection achievements - The state register of the Republic of Kazakhstan of the protected plant varieties and the State register of the Republic of Kazakhstan of the protected breeds of animals which include grades, breeds on which patents are granted;

16) the State register of the selection achievements recommended for use - the State register of the Republic of Kazakhstan of the selection achievements recommended for use which includes grades, breeds recommended for economic use in production;

17) grade - group of plants of one culture similar on economic and biological properties and morphological features, related by origin, descending the signs to the subsequent generations and plants of the same botanical taxon, different from other groups, at least on one sign. The protected categories of grade are: clone, line, hybrid of the first generation, population;

18) commodity animal - the animal used for production of products;

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