Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 29, 2003 No. 121

About approval of the Procedure for issue of the compulsory license on use of plant variety

(as amended on 29-11-2022)

According to article 43 of the Law of Ukraine "About protection of the rights to plant varieties" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for issue of the compulsory license on use of plant variety which is applied.

2. Add appendix to collection Payment procedure for the actions connected with finding, implementation and protection of the rights to plant varieties, the Cabinet of Ministers of Ukraine approved by the resolution of August 19, 2002 N1183 (The Official Bulletin of Ukraine, 2002, N 34, the Art. 1592), Item 35-1 of the following content:

"35-1. For consideration of the application on issue of the compulsory license on use of plant variety 1 100"

3. This resolution becomes effective from the date of publication.

 

Prime Minister of Ukraine

V. Yanukovych

Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 29, 2003, No. 121

Procedure for issue of the compulsory license on use of plant variety

1. This Procedure determines the procedure of issue of the compulsory license on use of plant variety (further - the compulsory license).

2. In this Procedure terms are used in the value given in the Law of Ukraine "About protection of the rights to plant varieties".

3. Issue of the compulsory license is performed by Minagropolitiki.

The state fee is paid for issue of the compulsory license.

4. Minagropolitiki can issue for a period of up to four years (within patent effective period) the compulsory license to person determined by him because of extreme social necessity and on condition of warlike or emergency state with payment of the corresponding compensation to the owner of the patent. At the same time Minagropolitiki can demand from the owner of the patent to make on acceptable financial conditions available to the licensee material for reproduction of plant variety in the amounts sufficient for proper implementation of the rights granted by the compulsory license.

The compulsory license can be only non-exclusive, with scoping, uses of plant variety, effective period of permission, the size and payment procedure of remuneration to the owner of the patent.

Minagropolitiki's issue to the compulsory license can be appealed in court.

5. If after three years of date of state registration or from date when use of plant variety was stopped, the plant variety in Ukraine is not used or used in insignificant amounts and any person addresses the owner of the patent with the offer of the conclusion of the license agreement, and the owner of the patent without valid excuse refuses, such person can take a legal action with the action for declaration about issue of the compulsory license to it on use of plant variety.

If the owner of the patent does not prove that the fact of non-use of plant variety or refusal in issue of the license to them are caused by reasonable excuses, and plaintiff person will prove that she in financial and in all other relations is able competently and effectively perform the rights granted by the license, the compulsory license it can to be presented by a court decision for a period of up to four years.

6. Person who intends to obtain the compulsory license submits Minagropolitiki the application according to appendix 1 in paper or electronic form. The application is electronically submitted by the means of information and communication systems determined by Minagropolitiki in case of availability of technical capability. The statement shall concern one plant variety. Motives of need of use of plant variety are specified in the statement. Copies of the documents confirming the fact of the address of the applicant to the owner of the patent and refusal of the owner of the patent for plant variety in provision of the license are enclosed to the application.

7. Minagropolitiki directs to the owner of the patent the notification on obtaining applications in form according to appendix 2.

8. Minagropolitiki till 45 calendar days considers the application and makes the decision on provision or on refusal in provision of the compulsory license about what the relevant order of Minagropolitiki is issued.

In case of adoption of the positive decision in the order the amount of use of plant variety, effective period of the compulsory license, the size and payment procedure of remuneration are specified to the owner of the patent, condition on whom the owner of the patent provides to the applicant of the license material for reproduction of plant variety in the amounts sufficient for proper implementation of the rights granted by the compulsory license.

9. The basis for refusal in provision of the compulsory license is discrepancy of the data specified by the applicant in the statement according to appendix 1, or lack of data on plant variety in the Register of patents.

10. About the made Minagropolitiki's decision sends the message to the owner of the patent and the applicant according to appendix 3.

11. Minagropolitiki draws up and grants to the applicant the compulsory license according to appendix 4 in ten-day time after submission of the document on payment of the state fee for its issue.

Appendix 1

to the Procedure for issue of the compulsory license on use of plant variety

Statement

See Appendix 1

Appendix 2

to the Procedure for issue of the compulsory license on use of plant variety

Message

See Appendix 2

Appendix 3

to the Procedure for issue of the compulsory license on use of plant variety

Message

See Appendix 3

Appendix 4

to the Procedure for issue of the compulsory license on use of plant variety

The compulsory license on use of plant variety

See Appendix 4

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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