RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 21, 2018 No. 200

About approval of criteria by which the risk degree from implementation of economic activity in the sphere of protection of the rights to plant varieties is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection is determined

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve criteria by which the risk degree from implementation of economic activity in the sphere of protection of the rights to plant varieties is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection, according to appendix is determined.

2. Declare invalid Item 1 of the resolution of the Cabinet of Ministers of Ukraine of October 26, 2011 No. 1113 "About approval of criteria by which the risk degree from implementation of the economic activity connected with use of the rights to plant varieties is estimated and frequency of holding planned actions of the state supervision (control) is determined" (The Official Bulletin of Ukraine, 2011, No. 84, the Art. 3082).

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of March 21, 2018 No. 200

Criteria by which the risk degree from implementation of economic activity in the sphere of protection of the rights to plant varieties is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection is determined

1. Criteria by which the risk degree from implementation of economic activity in the sphere of protection of the rights to plant varieties is estimated is:

1) obtaining and use of intellectual property rights by legal entities and physical persons on plant varieties according to requirements of the legislation for protection of the rights to plant varieties relatively:

the property rights of intellectual property on plant variety certified by the patent for plant variety;

property right of intellectual property on distribution of the plant variety certified by the certificate on state registration of plant variety;

the personal non-property intellectual property right certified by the certificate on authorship to plant variety;

which perform production, use, storage, realization and reproduction in economic activity;

2) conducting examination of the request for plant variety;

3) import to Ukraine of landing material (seeds) of the unregistered plant varieties in Ukraine.

2. According to the established criteria subjects of managing treat one of three risk degrees - high, average and insignificant.

3. With high risk treat subjects of managing:

subjects which perform the economic activity connected with use and distribution of grade and its landing material (seeds) of grade which property rights of intellectual property are certified by the patent and/or property right of intellectual property on distribution of which it is certified by the certificate on state registration, with compliance with law in the sphere of protection of the rights to plant varieties;

the subjects performing activities in the sphere of protection of the rights to plant varieties for conducting examination of the request for plant variety;

subjects which perform the economic activity connected with import to Ukraine of landing material (seeds) of the unregistered plant varieties in Ukraine.

4. The subjects performing economic activity which are employers (customers) - owners of property rights concern to subjects of managing with average risk degree and perform remuneration payment to the author (authors) of plant varieties according to the legislation in the sphere of protection of the rights to plant varieties.

5. Subjects which are not carried to subjects of managing with high and average risk degree concern to subjects of managing with insignificant risk degree.

6. In case the subject of managing can be carried at the same time to two or more risk degrees, such subject belongs to more high risk.

7. Planned actions of the state supervision (control) of activities of subjects of managing are performed with such frequency:

with high risk - is not more often than once in two years;

with average risk degree - is not more often than once in three years;

with insignificant risk degree - is not more often than once in five years.

8. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing violations of requirements of the legislation in the sphere of protection of the rights to plant varieties are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

If from the date of adoption of such decision by results of unscheduled inspections violations by the subject of managing of requirements of the legislation in the respective sphere are revealed, the following planned event of the state supervision (control) concerning such subject of managing is performed in the next planning period.

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