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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 9, 2006 No. 41

About approval of the Payment procedure of award and remuneration to the author of grade and the owner of the patent for use of seed

(as amended of the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 10.04.2020 No. 137)

For the purpose of ensuring execution of Items 1.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments and changes into the Law of the Azerbaijan Republic "About seed farming" of November 22, 2005 the No. 320 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Payment procedure of award and remuneration to the author of grade and the owner of the patent for use of seed" it (is applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A.Раси-Заде

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 9, 2006, No. 41

Payment procedure of award and remuneration to the author of grade and the owner of the patent for use of seed

1. This Procedure is prepared in connection with execution of the Presidential decree of the Azerbaijan Republic "About entering of amendments and changes into the Law of the Azerbaijan Republic "About seed farming" of November 22, 2005 No. 320 and regulates payment of award and remuneration to the author of grade and the owner of the patent for use of seed.

2. Use of seeds of plant varieties on which the patent according to the procedure was granted established by the legislation, is performed on the basis of the open or obligatory license agreement.

3. The companies for seed farming signing the license agreement with the owner of the patent the physical persons and legal entities which are engaged in business activity in the sphere of seed farming (daleepolzovatel) shall address officially to the Ministry of Agriculture of the Azerbaijan Republic about use of the open or obligatory license.

The following shall be reflected in the address:

* for the legal entity - the name of the legal entity, form of business, legal address, number of the settlement account and the bank name, type of activity;

* for physical person - name, middle name, surname, data on the identity certificate (series, number when also by whom it is issued, registration address);

* information on registration in the register of producers of seeds;

* type of the concluded license;

* type and quantity of seed of the plant varieties taken for use.

The address of the user is accepted by the Ministry of Agriculture of the Azerbaijan Republic with registration in the special book and within 5 working days from the date of registration the corresponding records about license type in the state register with indication of the amount of remuneration paid to the owner of the patent for use of seeds of plant varieties are made and within 2 working days about it it is reported to the user.

In case use of seeds of plant varieties on which the patent on the basis of the license agreement was granted is not allowed, written information with indication of the refusal bases is provided to the user.

In the following cases use of seeds of plant varieties on which the patent on the basis of the license agreement was granted is not allowed:

* in case of not passing of certification in public service of seed farming for occupation activities for seed farming;

* in the presence of the doubtful or distorted data in documents.

4. Between owners of the patent for use of seeds of plant varieties and the user in the Ministry of Agriculture of the Azerbaijan Republic the license agreement registered in the sequence specified in Item 3 presents of the Procedure is signed. In the license agreement shall be specified amount of remuneration which it will be paid to the owner of the patent, term of the contract and responsibility of the parties. Information on the signed license agreements joins in the information system "Electronic Agricultural Industry" according to the Regulations on the information system "Electronic Agricultural Industry" approved by the Presidential decree of the Azerbaijan Republic of December 23, 2019 No. 897.

In case of issue of the obligatory license, the user shall pay to the owner of the patent the remuneration established by the Ministry of Agriculture of the Azerbaijan Republic.

5. The author of grade has the right to get at the owner of the patent award for use of seed in time of action of the patent. The bonus level is determined according to the contract signed between the parties with addition of the income which arrived from sale of the license provided that it will constitute at least 15% of the annual earnings which are taken out by the owner of the patent for use of plant varieties.

If the grade of plant will be created by several authors, the award is distributed from ratio of shares them in creation of grade.

6. The award is issued to the author (authors) at the end of every year of use of seed no later than three months.

 

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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