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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 12, 2014 No. 675

About approval of the Regulations on procedure for conducting examination of the request for patent grant on grade of plant and decision by its results, introduction of amendments to the Resolution of Council of Ministers of the Republic of Belarus of April 1, 2010 No. 492 and recognition voided resolutions of Council of Ministers of the Republic of Belarus and their structural elements

(The last edition from 25-05-2018)

According to part one of Item 1 of article 10 of the Law of the Republic of Belarus of April 13, 1995 "About patents for plant varieties" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for conducting examination of the request for patent grant on grade of plant and decision by its results.

2. Bring in the resolution of Council of Ministers of the Republic of Belarus of April 1, 2010 No. 492 "About some questions of strain testing on patentability" (The national register of legal acts of the Republic of Belarus, 2010, No. 84, 5/31581; 2011, No. 106, 5/34443) following changes:

"According to article 31 of the Law of the Republic of Belarus of April 13, 1995 "About patents for plant varieties" to exclude from word preamble;

exclude Item 1;

state Item 2 in the following edition;

"2. Determine that:

testing of plant varieties for patentability is performed at the expense of means of the republican budget;

after patent grant on plant grade the patentee at the request of public institution "State inspectorate for testing and protection of plant varieties" provides control sample of grade of plant for inclusion it in collection. The specified organization ensures safety of sample in collection storage for action of the patent for plant grade.";

To declare the regulations on strain testing on patentability approved by this resolution invalid.

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of April 28, 2010 No. 631 "About approval of the Regulations on procedure for creation of the request for patent grant on plant grade" (The national register of legal acts of the Republic of Belarus, 2010, No. 107, 5/31743);

the resolution of Council of Ministers of the Republic of Belarus of July 18, 2011 No. 966 "About introduction of amendments and changes in some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 83, 5/34175);

subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of February 27, 2014 No. 173 "About modification and amendments in resolutions of Council of Ministers of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 05.03. 2014, 5/38504).

4. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 12, 2014 No. 675

Regulations on procedure for conducting examination of the request for patent grant on grade of plant and decision by its results

Chapter 1. General provisions

1. This Provision developed according to part one of Item 1 of article 10 of the Law of the Republic of Belarus of April 13, 1995 "About patents for plant varieties" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, No. 19, Art. 235; National legal Internet portal of the Republic of Belarus, 11.01. 2014, 2/2106), the procedure for conducting examination of the request for patent grant on plant grade (further - the request) and decision by its results is established.

2. For the purposes of this provision concepts of the values determined in the Law of the Republic of Belarus "About patents for plant varieties" are used (further - the Law).

Chapter 2. Consideration of documents and other materials of the request

3. On given to patent body - public institution "National center of intellectual property" (further - patent body) the request expertize is carried out.

Expertize of the request is carried out by patent body with attraction to its carrying out public institution "State inspectorate for testing and protection of plant varieties" (further - the state inspection) and includes preliminary and patent examinations.

4. Consideration in patent body and the state inspection of documents and other materials of the request is performed on Belarusian or Russian. The corresponding transfer which correctness is certified by the applicant or his patent agent by making of text "Shall be attached to all documents and other materials of the request provided in foreign language transfer corresponds to the original" with indication of date and putting down of the signature. Before transfer representation documents and other materials of the request are considered as not arrived.

5. Documents and other materials the requests submitted to patent body or the state inspection with the registration shortcomings complicating their reading or person which is not the applicant or his patent agent are not considered. To person who submitted such documents and materials the adequate notice goes.

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