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 on plant varieties (further - the representative) in the relations which are governed by the Law of Ukraine "About protection of the rights to plant varieties".

2. Representatives perform activities for provision of services, connected with acquisition, implementation and protection of intellectual property rights on plant varieties and property right on distribution of plant variety (further - the rights to plant varieties), acquisition of rights of the supporter, representation on behalf of authors of grade, selectors, owners of patents, owners of property right on distribution of plant variety, supporters of plant variety of interests in Minagropolitiki (further - Competent authority), expert organizations, and also in the relations with physical persons and legal entities.

3. No. 1279 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 08.11.2024

4. Officials of Competent authority, the companies, organizations and 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:

constitute and sign applications, objections, notes, claims, petitions, explanations, other documents and to give them according to the procedure, established by the legislation and to receive written motivated answers to claims and petitions;

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

perform payment transactions;

get acquainted with materials of requests, and with the powers provided by the order - to make changes to documents of the request;

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 of power of property rights of intellectual property on plant variety and property right on distribution of grade;

by results of the rights conducted by subjects concerning plant variety of researches to prepare data on results of field surveys of examination on suitability for distribution and on compliance to criteria of distinction, uniformity and stability;

certify copies of documents on provision of services on protection of the rights to plant varieties, except cases when the law establishes other obligatory method of the certificate of copies of documents;

collect data on the facts which can matter in the course of protection and protection of the rights of person who it represents, in particular to perform fixing of contents of web pages;

earn reward from the face whom it represents;

represent and protect the rights and interests of the principal in competent authority on questions, in particular:

- receipt of documents on the rights to grade and their copies, duplicates;

- filing of application about issue of the compulsory license on use of plant variety;

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