ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 14, 2023 No. 2151

About approval of Rules of state registration of the order exclusive right on selection achievement under the agreement and transition of such right without agreement

According to Article 1232 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of state registration of the order by exclusive right on selection achievement under the agreement and transition of such right without agreement.

2. Declare invalid the order of the Government of the Russian Federation of April 30, 2009 No. 384 "About approval of Rules of state registration of agreements on the order exclusive right on selection achievement and transition of such right without agreement" (The Russian Federation Code, 2009, No. 19, the Art. 2341).

3. To the Ministry of Agriculture of the Russian Federation:

provide technical readiness of federal state information system in the field of seed farming of the agricultural plants to reception of applications about state registration of the order exclusive right on selection achievement under the agreement and transition of such right without agreement arriving from the federal state information system "Single Portal of the State and Municipal Services (Functions)" till June 1, 2024;

perform together with the Ministry of the digital development, communication and mass communications of the Russian Federation development and placement in the federal state information system "Single Portal of the State and Municipal Services (Functions)" of the corresponding interactive application form specified in the paragraph the second this Item in the procedure established by the legislation of the Russian Federation till August 1, 2024.

4. This resolution becomes effective since September 1, 2024 and is effective till September 1, 2030, except for Item 3, of this resolution which is becoming effective from the date of official publication.

Approved by the Order of the Government of the Russian Federation of December 14, 2023 No. 2151

Rules of state registration of the order exclusive right on selection achievement under the agreement and transition of such right without agreement

1. These rules establish procedure and conditions of state registration:

a) alienations of exclusive right on selection achievement under the agreement, provisions of right to use of selection achievement under the agreement, pledge of exclusive right on selection achievement under the agreement (further - the order exclusive right);

b) transition of exclusive right to selection achievement without agreement, including by reorganization of the legal entity in the form of merge, accession, separation, allocation (further - transition of exclusive right).

2. State registration of the order exclusive right and transition of exclusive right (further - state registration) is performed by the Ministry of Agriculture of the Russian Federation.

3. State registration is performed in case of observance of the following conditions:

a) the statement, stipulated in Item 4 these rules, or documents, stipulated in Item 10 these rules are provided;

b) specified in the subitem "an" of this Item the statement or documents are submitted concerning the registered selection achievements which legal protection is not stopped or is not acknowledged invalid in accordance with the established procedure;

c) the provided information about the owner (patentee), the subject of the agreement, agreements on change or agreement cancelation (including number of the patent, the certificate, amount of legal protection, effective period of exclusive right) or agreement parties correspond to the data which are available in the State register of the protected selection achievements (further - the state register);

d) the documents provided by Items 6 and 12 of these rules (if necessary) are submitted;

e) the statement or in documents which submission is provided by Items 7 - 9 these rules contains data which availability is provided by the specified Items;

e) documents meet the requirements provided by items 4 and 5 these rules;

g) the documents provided according to Item 10 of these rules confirm transition of exclusive right taking into account provisions of Item 11 of these rules;

h) the rights which are the subject of the agreement do not go beyond the rights which are available for agreement parties.

4. For state registration of the order exclusive right citizens or legal entities, being agreement parties, or their representatives submit the application for state registration of the order exclusive right to the Ministry of Agriculture of the Russian Federation which is signed by agreement parties, agreements on change or agreement cancelation or one of agreement parties, agreements on change or agreement cancelation:

on paper the courier or the registered mail with the assurance of receipt;

in electronic form, directed with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal) which models of filling are placed on the single portal, signed:

the simple digital signature which key is received according to the Rules of use of the simple digital signature when rendering the state and municipal services approved by the order of the Government of the Russian Federation of January 25, 2013 No. 33 "About use of the simple digital signature when rendering the state and municipal services" - in case of filing of application by physical person;

by the strengthened unqualified digital signature which certificate of key of check is created and it is used in the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically in the procedure established by the Government of the Russian Federation - in case of filing of application by the legal entity or individual entrepreneur.

5. In case of filing of application about state registration of the order the exclusive right on paper represents the originals of documents enclosed to the application, or their notarially certified copies. Documents (notarially certified copies) shall not have erasures and (or) additions, the crossed-out words and other not stipulated corrections.

If the document consists more than of one leaf, sheets shall be stitched and numbered.

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