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LAW OF THE REPUBLIC OF BELARUS

of April 13, 1995 No. 3725-XII

About patents for plant varieties

(as amended on 18-12-2019)

Chapter 1 General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

the author (coauthors) of grade of plant - physical person (physical persons), which creative activity (which) the plant grade is created or revealed and enhanced;

botanical taxon - the isolated group of plants, related among themselves community of signs and properties;

the applicant - person having the right to the patent according to this Law;

the official description of grade of plant - the document containing the description of the essential signs of grade of plant determined by public institution "State inspectorate for testing and protection of plant varieties" (further - the state inspection) and according to which the patent for plant grade is granted;

the statement - the official publication of public institution "National center of intellectual property" (further - patent body) issued on paper and electronic media, and also posted on the official site of patent body on the global computer Internet;

the patentee - person to whom the patent for plant grade is granted;

plant material - the whole plants or their generative and vegetative parts used not for reproduction of plants;

seeds of plants - actually seeds of plants, saplings, fruits, parts of difficult fruits, soplodiya, bulbs, tubers, meristemny materials and other generative and vegetative parts of plants intended for reproduction of plants;

the office grade of plant - the plant grade created or revealed and enhanced as a result of the activities relating to sphere of activity of the employer provided that activities which led to creation or identification and enhancement of grade of plant belong to labor obligations of the worker (workers) or grade of plant is created or revealed and enhanced in connection with accomplishment by the worker (workers) of the task received from the employer;

plant grade - group of plants within the lowest of the known botanical taxons which can be determined by the extent of manifestation of signs which is result of realization of this genotype or combination of genotypes, otlichima from any other group of plants expressiveness degree at least of one of these signs and can be considered as a unit from the point of view of its suitability for reproduction in invariable type of the whole plants of this group;

essential signs - the signs of plants allowing to determine characteristic and distinctive features of grade of plant (morphological, physiological and others), in all cases giving in to the exact description.

Article 2. Coverage of this Law

This Law governs the relations arising in connection with creation or identification and enhancement, legal protection and use of plant varieties.

Article 3. Legislation on patents for plant varieties

1. The legislation on patents for plant varieties is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, this Law, other acts of the legislation, and also international treaties of the Republic of Belarus.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Chapter 2 Receipt of the patent for plant grade

Article 4. Conditions of patentability of grade of plant

1. Legal protection is provided to grade of plant if it is new, distinguishable, uniform and stable.

2. The grade of plant is considered new if for date of application for patent grant on plant grade (further - the request) seeds of plants or plant material of this grade of plant were not on sale or were not transferred otherwise by the author (coauthors) of grade of plant, his employer, the legal successor of specified persons or with their permission other persons for use:

in the territory of the Republic of Belarus - earlier than in one year prior to date of application;

in the territory of any other state - earlier than in four years prior to date of application, and concerning wood plants and grapes - earlier than in six years prior to date of application.

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