Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

IT IS REGISTERED

Ministry of Justice

Republic of Uzbekistan

On January 14, 2005 No. 1443

ORDER OF THE STATE PATENT AUTHORITY OF THE REPUBLIC OF UZBEKISTAN

of December 30, 2004 No. 62

About approval of Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on selection achievement

(In edition of the Order registered by Ministry of Justice of RUZ of September 30, 2011 No. 1443-1)

According to the Law of the Republic of Uzbekistan "About selection achievements" I order:

1. Approve Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on selection achievement according to appendix.

2. From the effective date these rules to consider invalid Provisional rules of creation and submission of requests for the selection achievements approved by the order of the director of the State patent authority of 02.09.1997 N 49.

3. This order becomes effective after 10 days after state registration in the Ministry of Justice of the Republic of Uzbekistan.

 

Director A. A. Azimov

Approved by the Order of the director of the State patent authority of the Republic of Uzbekistan of December 30, 2004 No. 62

Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on selection achievement

These rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan for selection achievement (further - Rules) are developed according to the Law of the Republic of Uzbekistan "About selection achievements" and determine procedure for creation, giving and consideration of the request for patent grant for selection achievement.

List of reducings:

Law - The law of the Republic of Uzbekistan "About selection achievements";

The agency - the Agency on intellectual property of the Republic of Uzbekistan;

Selection achievement - new plant variety, new breed of animals;

The specialized organization - State commission on sortoispytaniye of crops, the Main state inspectorate for breeding case in livestock production of the Ministry of agricultural and water economy of the Republic of Uzbekistan;

The request - the request for patent grant for selection achievement;

The list of botanical and zoological childbirth and the vidovgosudarstvenny list of botanical and zoological childbirth and types of plant varieties and breeds of the animals protected in the Republic of Uzbekistan;

VOIS - World Intellectual Property Organization.

Chapter I. Creation and application for patent grant for selection achievement. Persons having the right to application

§ 1. Request for patent grant for selection achievement

1. According to article 8 of the Law to selection achievement, legal protection is provided if it answers criteria of patentability: novelty, distinguishability, uniformity, stability, and the name conforms to the established requirements.

2. According to article 9 of the Law selection achievement is considered new if for date of application seeds, landing material of grade or breeding material of breed were not on sale and were not transferred to other persons by the author, his heir or from their consent for use:

in the territory of the Republic of Uzbekistan - earlier, than in one year prior to this date;

in the territory of other state - earlier, than in four years or if it concerns some grapes, wood, decorative, fruit crops and forest breeds, - earlier, than in six years prior to the specified date.

3. According to article 10 of the Law selection achievement for date of application shall differ from any other well-known selection achievement obviously.

Common knowledge is established:

concerning selection achievement which became part of well-known level of knowledge as a result of its production, reproduction, bringing to high-quality or breeding standard for the purpose of the subsequent reproduction, storage and content for the above-mentioned purposes;

concerning selection achievement which was offered to sale, was on sale, imported or exported.

4. According to article 11 of the Law selection achievement is considered uniform if taking into account features of reproduction of plant of certain grade or animals of certain breed are uniform in selektiruyemy signs.

5. According to article 12 of the Law selection achievement is considered stable if its main signs remain invariable after numerous reproduction or, in case of special cycle of reproduction, at the end of each cycle of reproduction.

§ 2. Contents of the request

6. According to part one of article 17 of the Law the request shall contain:

a) the petition of the Republic of Uzbekistan with indication of the author (coauthors) of selection achievement and person (persons) addressed to whom, (which) the patent is asked (further - the applicant), data on their residence or the location, and also the offer on the name of selection achievement;

b) description of selection achievement (technical questionnaire);

c) photos of models of selection achievement;

d) documents on the testing of selection achievement which are carried out by the applicant;

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