Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 13, 1999 No. 422-I

About protection of selection achievements

(as amended on 28-10-2019)

Chapter 1. General provisions

Article 1. The relations regulated by this Law

This Law determines legal, economic and organizational basis of activities in the field of protection of selection achievements, regulates the property, and also related personal non-property relations arising in connection with creation, identification, removal, legal protection and use of selection achievements.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) exclusive right - to use property right of the patentee selection achievement in any manner at discretion;

2)  No. 161-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 20.06.2018;

3) breeding animal - the thoroughbred animal answering to the direction and level of productivity of breed, registered in republican chamber;

4) breeding products (material) - breeding animal, and also seed, embryos, incubatory egg, daily chickens, caviar, larvae and the juveniles of fishes, breeding uterus of bees, breeding bee families and pchelopaketa received from breeding animals;

5) State commission on sortoispytaniye of crops - the organization which is under authority of authorized body in the field of development of agro-industrial complex, performing examination and testing of plant varieties for patentability and economic usefulness;

6) the bulletin - the official periodical concerning protection of selection achievements;

7) the license agreement - the agreement under which the patentee (licensor) grants to other party (licensee) the right temporarily to use selection achievement definitely;

8) state commissions - State commission on sortoispytaniye of crops and State commission on testing and approbation of breeds of authorized body in the field of development of agro-industrial complex;

9) landing material - landing material of any kind, including reproduktivno and vegetativno the breeding material (seeds, seedling, plants and parts of plants intended for their reproduction);

10) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;

11) the patentee - the owner of the patent;

12) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

13) selection achievement - the new grade of plant, new breed of animal (including additional industries of livestock production, such as fur farming, rabbit breeding, maralovodstvo, mulovodstvo, reindeer breeding, oslovodstvo, poultry farming, beekeeping, fish breeding, dog breeding) which are result of creative activities of the person on which the patent is granted;

14) the author of selection achievement (selector) (further - the author) - the physical person which created revealed or removed grade, breed;

15) State register of selection achievements - The state register of the Republic of Kazakhstan of the protected plant varieties and the State register of the Republic of Kazakhstan of the protected breeds of animals which include grades, breeds on which patents are granted;

16) the State register of the selection achievements recommended for use - the State register of the Republic of Kazakhstan of the selection achievements recommended for use which includes grades, breeds recommended for economic use in production;

17) grade - the group of agricultural plants within the lowest of botanical taxons which is determined by degree of expressiveness of the signs characterizing this genotype or combination of genotypes differs from other groups of agricultural plants of the same botanical taxon in one or several signs or degree of expressiveness of signs and is stable. The protected categories of grade are: clone, line, hybrid of the first generation, population;

18) commodity animal - the animal used for production of products;

19) breed - the group of farm animals of one type of general origin which developed under the influence of creative activities of the person in certain economic and environment quantitatively sufficient for cultivation "in" and having the economic and breeding value supported by selection, matching, creation of the technological conditions corresponding to their genotype, and also certain specificity in morphological, physiological and hozyaystvenno the useful properties distinguishing it from other breeds of one type. The protected categories of breed are: type, cross-country, line;

20) State commission on testing and approbation of breeds - the advisory advisory body of authorized body in the field of development of agro-industrial complex performing examination of breeds of animals on patentability and economic usefulness;

21) seeds - all botanical forms of seed material: actually seeds, fruits, soplodiya, parts of difficult fruits, bulbs and tubers;

22) No. 424-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 27.11.2015.

Article 3. Legal protection of selection achievement

1. The right to selection achievement is protected by the legislation of the Republic of Kazakhstan and is confirmed by the patent. The patent certifies exclusive right of the patentee on use of selection achievement, its priority and authorship of the selector.

2. it is excluded

3.  No. 161-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 20.06.2018.

4. The amount of the legal protection provided by the patent for selection achievement is determined by set of the signs included in the description of grade, breed.

5. Effective period of the patent for plant varieties constitutes 25 years, breeds of animals - 30 years, on grades of grapes, wood decorative, fruit and forest crops, including their stocks, constitutes 35 years from the date of application in the expert organization.

The validity of the patent can be extended according to the petition of the patentee taking into account effected payment for every year of prolongation, but no more than for ten years.

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