RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 19, 2002 No. 1183

About actions for implementation of the Law of Ukraine "About protection of the rights to plant varieties"

Cabinet of Ministers of Ukraine decides:

1. Approve applied:

Regulations on representatives concerning intellectual property on plant varieties;

Conditions of respect for legitimate interests of the owner of the patent in case of restriction of its exclusive right;

Payment procedure of charges for the actions connected with protection of the rights to plant varieties;

The paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 15.07.2022 No. 798

2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 04.08.2023 No. 813

3. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 04.08.2023 No. 813

4. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 17.03.2023 No. 233

5. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to appendix.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2002 No. 1183

Regulations on representatives concerning intellectual property on plant varieties

1. This Provision determines legal status of representatives concerning intellectual property who act on behalf of authors of grades, applicants (persons who submitted the application for plant variety), owners of patents and owners of property right of intellectual property on distribution of grade (further - the representative) in the relations regulated by the Law of Ukraine "About protection of the rights to plant varieties".

2. The representative provides to physical persons and legal entities (further - faces which he represents), the help and services connected with protection of the rights to plant varieties represents the interests of specified persons in executive bodies, banks, and also in the relations with other physical persons and legal entities.

3. Person who is constantly living in Ukraine to whom degree of the higher education the bachelor, the master, the doctor of philosophy in spheres of intellectual property, jurisprudence, selection and genetics, agronomics, seed farming and rassadnichestvo, and also at least five-year work experience in the sphere of protection of the rights to plant varieties is appropriated can be the representative, was registered and received the certificate of the representative concerning intellectual property on plant varieties.

4. Minagropolitiki officials (further - Competent authority), the companies, organizations and the organizations belonging to the sphere of its management, and also person to which it is forbidden according to the legislation cannot be representatives.

5. The representative acts under the agreement and/or the power of attorney of person who it represents.

6. The competent authority does not answer for obligations the representative.

7. The representative is guided in the activities by the legislation and this Provision.

8. The representative has the right according to the legislation to make all necessary actions according to requests and security documents for plant varieties:

sign letters, applications, petitions, descriptions, other documents concerning requests and security documents on plant varieties;

give and receive the materials concerning security documents on plant varieties;

perform payment transactions;

make changes to materials of the request for plant varieties;

withdraw requests for plant varieties;

make additions, objections concerning the request for plant varieties, claims, to appeal decisions, actions and failure to act in the cases provided by the law;

take measures for maintenance in power of property rights of intellectual property on plant variety and property right of intellectual property on distribution of grade and so forth.

9. The representative shall make the transaction on the powers conferred to him personally, can delegate the powers partially or in full to other person in the procedure established by Competent authority.

10. The representative has the right to be engaged in the activities individually or together with other representatives to create public organizations, the patent agencies, firms, bureau, offices, etc. with the rights of the legal entity, and also to work on hiring.

11. The representative shall fulfill honesty the duties and adhere to requirements of the legislation, protect interests of person who he represents.

12. The representative shall keep in secret the data received by it during execution of the professional obligations, in particular, on the substance of mentioned by person who it represents questions, consultations, councils, explanations and so forth.

13. The representative shall refuse provision of the services or stop their provision if they can be used in case concerning which he already represented or advised other person with opposite interests and the dispute was not resolved.

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