RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 26, 2018 No. 774

About approval of the Procedure for maintaining the State register of the plant varieties suitable for distribution in Ukraine

According to article 6 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 maintaining the State register of the plant varieties suitable for distribution in Ukraine which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 26, 2018 , No. 774

Procedure for maintaining State the register of the plant varieties suitable for distribution in Ukraine

1. This Procedure determines the mechanism of maintaining the State register of the plant varieties suitable for distribution in Ukraine (further - the Register).

2. The register contains set of official data of rather state registration of property right of intellectual property on distribution of plant variety which are constantly stored on electronic and paper.

The Ministry of Economics provides maintaining the Register and ability to integrate with other state registers with use of system of electronic interaction of the state electronic information resources, is responsible for safety of data and protection against unauthorized access.

3. The following data on plant variety are entered in the Register:

specifying of botanical taxon (in the Russian and Latin languages);

the name of plant variety (in Ukrainian and the applicant's language);

name of the author (authors);

number and date of submission of the request for plant variety;

name (name), the residential address (locations) of the owner (owners) of property right of intellectual property on distribution of plant variety (further - the owner);

date of state registration of plant variety;

certificate number about state registration of plant variety which is issued in form according to appendix;

name (name), the residential address (location) of the subholder of plant variety (further - the Subholder);

geographical and zone recommendations use of plant variety;

description of plant variety;

category of plant variety;

characteristics of suitability of plant variety for distribution in the territory of Ukraine.

4. Entering into the Register of data on plant variety and changes to them is performed according to the decision of Ministry of Economics within ten calendar days from the date of adoption of the relevant decision what it is reported to the applicant about.

5. The changes of the Register made at the initiative of person who is the owner or the subholder are entered in the Register on condition of payment of the corresponding collection.

6. For modification of data, specified in the Register, the owner or the subholder submits to Ministry of Economics the petition constituted in any form in state language which shall contain:

specifying of botanical taxon (in the Russian and Latin languages);

the name of plant variety (in Ukrainian and the applicant's language);

number and date of submission of the request for plant variety;

name (name), residential address (locations) of the owner and/or subholder;

certificate number about state registration of plant variety;

the description of changes which are entered in the Register, or the petition for issue of the verified copy of the certificate on state registration of plant varieties;

the address for correspondence on the petition.

7. The petition is signed by the owner or the subholder. If owner or the subholder is the legal entity, the petition signs the official having appropriate authority. In case of submission of the petition by the authorized representative of the owner or the subholder the power of attorney or the agreement which are drawn up according to the legislation is attached.

The document on payment of collection for the actions connected with protection of the rights to plant varieties (further - collection), and documents which confirm availability of the bases and legitimacy of modification of the data containing in the Register (their originals or copies certified in accordance with the established procedure) is attached to the petition.

8. The data containing in the Register are published in the periodic official publication of Ministry of Economics "Protection of the rights to plant varieties" and on the official website of the Ministry.

9. The data containing in the Register are open for general acquaintance.

The Ministry of Economics provides open, round-the-clock and free entry to the Register on the official website.

10. On the official website of Ministry of Economics the following data on plant varieties which are entered in the Register will be promulgated:

specifying of botanical taxon (in the Russian and Latin languages);

the name of plant variety (in Ukrainian and the applicant's language);

number and date of submission of the request for plant variety;

geographical and zone recommendations use of plant variety;

name (name) of the applicant;

name (name) of the owner and subholder;

category of plant variety;

year of state registration of plant variety;

direction of use of plant variety;

group of ripeness of plant variety.

11. The Ministry of Economics at least once a year provides seal of the Register and its storage.

Appendix

to the Procedure

Certificate on state registration of plant variety

See Appendix (7Kb In original language)

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 26, 2018 , No. 774

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of May 15, 2003 No. 686 "About approval of the Regulations on the State register of the plant varieties suitable for distribution in Ukraine" (The Official Bulletin of Ukraine, 2003, No. 21, the Art. 919).

2. The resolution of the Cabinet of Ministers of Ukraine of May 12, 2007 No. 714 "About modification of the Regulations on the State register of the plant varieties suitable for distribution in Ukraine" (The Official Bulletin of Ukraine, 2007, No. 37, the Art. 1468).

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