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 plant variety 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 list of childbirth and types of plants to which grades the right of the owner of grade during the period till 2006 extends.
2. Determine that remuneration to the author for creation of grade is determined in the amount of not smaller 5 percent of total amount of the means received by the employer (the owner of grade) for use of grade (on usage time of grade), and concerning grades of wood and shrubby plants and grapes - at least 8 percent.
If authors of grade a little, remuneration is distributed between them according to the agreement signed between them.
Remuneration payment to the author (authors) of plant varieties by budgetary institutions is performed in borders of the means received by them for use of grade from own receipts for realization of landing material of this grade.
3. Authorize State veterinary and phytosanitary to sluzhbuvydavat compulsory licenses on use of grades according to article 43 of the Law of Ukraine "About protection of the rights to plant varieties".
To the ministry of agrarian policy to submit within three-months term to the Cabinet of Ministers of Ukraine the project of the Procedure for issue of the compulsory license on use of plant varieties and registration of license agreements.
4. Add Item 1 of the Regulations on representatives for intellectual property (patent agents) approved by the resolution of the Cabinet of Ministers of Ukraine of August 27, 1997 No. 938 (The Official Bulletin of Ukraine, 1997, number 35, page 95), the paragraph of the following content:
"This Provision does not extend to representatives concerning intellectual property on plant varieties which carry out the activities according to the Law of Ukraine "About protection of the rights to plant varieties" and to the Provision approved by the resolution of the Cabinet of Ministers of Ukraine of August 19, 2002 No. 1183".
5. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to appendix.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2002 No. 1183
1. This Provision determines legal status of representatives concerning intellectual property on plant varieties which act on behalf of selectors (authors of grades), applicants (persons who submitted the application for plant variety) and owners of grades (daleepredstavitel) in the relations which are governed 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, courts, banks, and also in the relations with other physical persons and legal entities.
3. The representative can be person who constantly lives in Ukraine, has complete higher education, and also at least five-year work experience in the sphere of protection of the rights to plant varieties, underwent certification and received the certificate of the representative concerning intellectual property on plant varieties.
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