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LAW OF UKRAINE

of April 21, 1993 No. 3116-XII

About protection of the rights to plant varieties

(as amended on 20-09-2019)

This Law governs the property and personal non-property relations arising in connection with acquisition, implementation and protection of intellectual property rights on plant varieties.

Section I. General provisions

Article 1. Determination of terms

In this Law the terms below are used in such value:

the author of grade - physical person which directly removed or revealed and improved grade;

parent components - components of hybrid of the first generation (the line, hybrid) which were used for its creation;

botanical taxon - the taxonomical category established for the isolated group of plants, related among themselves by community of signs, properties;

use of grade - any action concerning grade specified in this Law in the list of the actions requiring permission of the owner of the patent or, in case of its absence, the owner of property right of intellectual property on distribution of grade;

the owner of property right of intellectual property on distribution of grade - person who belongs during the term determined by this Law also the property right of intellectual property certified by the certificate on state registration of grade on distribution of plant variety;

the State Party - the state which joined the International convention on the protection of new plant varieties accepted on December 2, 1961 and reviewed on November 10, 1972, on October 23, 1978 and on March 19, 1991;

The state register of the plant varieties suitable for distribution in Ukraine (further - the Register of plant varieties of Ukraine) - the official list of the plant varieties suitable for distribution in Ukraine;

expert institution - the company, organization or the organization authorized by competent authority on accomplishment of separate powers in the sphere of protection of the rights to plant varieties according to this Law;

subject of the request - plant variety concerning which the application is submitted;

distribution of grade - commercial distribution of landing material - the material carrier of the grade entered in the register of plant varieties of Ukraine;

the selector - the author of grade, person having employment or civil relations with the author of grade on conclusion or inventions and improvements of grade, the legal successor (heir) of the first or second of persons stated above depending on specific case;

plant variety - separate group of plants (clone, the line, hybrid of the first generation, population) within the lowest of the known botanical taxons (sort, type, version) irrespective of whether it meets conditions of emergence of legal protection.

Article 2. Legislation of Ukraine on protection of the rights to plant varieties

The legislation of Ukraine on the rights to plant varieties is based on the Constitution of Ukraine and consists of the Civil code of Ukraine, this Law, international treaties in the sphere of protection of the rights to plant varieties which consent to be bound is this the Verkhovna Rada of Ukraine, and other regulatory legal acts adopted according to them.

Article 3. Scope of this Law

This Law is applied concerning grades of all childbirth and types of plants.

Regulations of this Law by determination of suitability of grade to distribution in Ukraine, the rights to distribution in Ukraine are not applied to plant varieties, used in the decorative purposes.

Article 3-1. Persons of law of intellectual property on plant variety

Persons of law of intellectual property on plant variety are:

1) author (authors) of plant variety;

2) other persons which acquired property rights of intellectual property on plant variety under the agreement or the law.

Article 4. Application of regulations of international treaties

If in the international treaty which consent to be bound Ukraine accepted by the Verkhovna Rada of Ukraine, contains other rules than those which are established by this Law and regulatory legal acts published according to it then are applied rules of the international treaty.

Article 5. Rights of foreign persons and stateless persons

Foreign persons and stateless persons acquire, perform and use protection of the rights to plant varieties according to this Law on an equal basis with citizens and legal entities of Ukraine, except the cases which are directly provided by this Law, other legal acts of Ukraine or international treaties.

Article 6. Powers of the Cabinet of Ministers of Ukraine in the sphere of protection of the rights to grades

1. Cabinet of Ministers of Ukraine:

directs and coordinates work of the central executive bodies on accomplishment of this Law;

publishes regulatory legal acts concerning protection of the rights to plant varieties;

will organize international cooperation concerning protection of the rights to plant varieties;

forms consultative, advisory and other facilitative branches for ensuring efficiency of realization of the powers in the sphere of protection of the rights to plant varieties on ensuring constitutional rights and freedoms of citizens of Ukraine concerning regulation of their property and non-property relations arising in connection with acquisition, implementation and protection of intellectual property on plant varieties;

determines procedure for maintaining the Register of requests, the Register of patents, the Register of plant varieties of Ukraine;

performs other powers determined by this Law.

Article 7. Powers of the central executive body realizing state policy in the sphere of the state supervision (control) in the sphere of protection of the rights to plant varieties (monitoring bodies)

1. The monitoring body will organize and exercises the state supervision (control) regarding protection of the rights to plant varieties for:

observance by legal entities and physical persons of requirements of the legislation for protection of the rights to plant varieties in the sphere of production, use, storage, realization and reproduction of plant varieties;

conducting primary seed farming by owners of property rights of intellectual property and podderzhivatel of plant varieties;

conducting examination of the request for plant variety;

import to Ukraine of landing material (seeds) of the unregistered plant varieties in Ukraine;

respect for personal non-property copyright on grade, property right of the owner of grade, the right of prezhdepolzovaniye and the right in case of recovery of the rights to grade, the rights to distribution of grade in Ukraine, the rights of the author of grade in case of refusal the owner from property right on grade, procedure for export from Ukraine of landing material (seeds) of plant varieties containing intellectual property item the agreement signed between the employer and the author of grade on payment of fair remuneration;

performs other powers determined by this Law.

Article 8. Powers of the central executive body which provides forming and realizes state policy in the sphere of protection of the rights to plant varieties (competent authority)

1. Competent authority:

provides development of scientific and material potential in the sphere of protection of the rights to plant varieties;

approves forming and accomplishment of the international scientific and technical programs and projects on protection of the rights to plant varieties for joint coordination agreements;

promotes development of innovative activities in the field of sortoizucheniye and protection of the rights to plant varieties;

gives the state order on conducting scientific and technical examination in the sphere of protection of the rights to plant varieties;

generalizes practice of application of the legislation on protection of the rights to plant varieties, develops offers on its enhancement;

provides the organization of order taking, conducting their examination, makes the decision on them;

provides carrying out state registration of requests, the rights to plant varieties, grades and podderzhivatel of plant varieties;

authorizes the companies, organizations or the organizations on accomplishment of separate powers in the sphere of protection of the rights to plant varieties according to this Law;

grants patents for plant varieties, certificates on authorship to plant varieties, certificates on state registration of plant variety;

provides maintaining the Register of requests, the Register of patents, the Register of plant varieties of Ukraine;

will organize check of safety of plant varieties;

provides publication of official data on the granted patents for plant varieties and certificates on authorship to plant varieties, issues the Catalogue of the plant varieties suitable for distribution in Ukraine;

provides publication of official data on licensing for use of grade and transfer of property rights of intellectual property on plant variety;

performs international cooperation in the sphere of legal protection of plant varieties and represents the interests of Ukraine concerning protection of the rights to plant varieties in the international organizations according to the legislation;

will organize information and publishing activities in the sphere of protection of the rights to plant varieties;

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