Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF UKRAINE

of April 21, 1993 No. 3116-XII

About protection of the rights to plant varieties

(as amended on 01-12-2022)

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 stated below terms are used in the following value:

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

author's remuneration payment to the author of grade for conclusion, the invention or improvement of the grade paid in accordance with the terms of the agreement;

the database of grades - the automated information system which consists of system of the interconnected electronic resources and/or registers. Such system contains the data on grades, actions and the status determined by this Law according to the request for grade and provides technical capabilities for storage, provision of access to the available information and implementation of the procedure of state registration of grade and the rights to grade by means of electronic services;

the database of International union on protection of new plant varieties (by Union internationale pour la Protection des Obtentions Vegetales" (further - UPOV) - the information on requests for plant varieties provided by contracting parties of the Convention is also published on the official website of International union on protection of new plant varieties;

parent components - the plant varieties which are components of hybrid of the first generation (the inbredny line, hybrids) used for its removal or reproduction;

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

use of grade implementation of one or more actions in respect of seeds and/or landing material of grade:

production, reproduction and/or bringing to standard for the purpose of reproduction;

the offer to sale, sale and/or other commercial address;

export out of limits of customs area of Ukraine or import to customs area of Ukraine, and also storage for any of the specified purposes;

the contracting party of the Convention - the state or intergovernmental organization, joined the International convention on protection of new plant varieties, concluded on December 2, 1961 in Geneva, taking into account the changes made by Additional acts of November 10, 1972, on October 23, 1978 and on March 19, 1991;

state registration of the rights to grade - official recognition and the certificate by the state of the fact of origin, termination and in the cases established by the law, assignments of rights of intellectual property on grade by entering of the corresponding data into the State register of patents for plant varieties based on the decision of Competent authority on state registration of the rights to grade according to the procedure, established by this Law;

state registration of grade - official recognition and assurance by the state of the right to distribution of grade by entering of the corresponding data on grade into the State register of the plant varieties suitable for distribution in Ukraine, based on the decision of Competent authority on state registration of grade according to the procedure, established by this Law;

The state register of patents for plant varieties (further - the register of patents) - the official list of grades, property rights of intellectual property on which are certified by patents for grades, and the data from patents on such grades;

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

the expert opinion according to the request for grade (further - the expert opinion) - documentary drawn up results of qualification examination of grade for decision making about state registration of the rights to grade and/or state registration of grade or about refusal in state registration of the rights to grade and/or in state registration of grade;

the expert organization 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;

the applicant - the person who submitted the application for grade and/or acquired the applicant's rights in the procedure established by the law;

subject of the request for grade - plant variety on which the application is submitted;

official sample - the landing material provided for long-term storage, and also for the purpose of establishment of safety of characteristics of grade according to the procedure, established by competent authority;

official sources of information on requests for grade and plant varieties - the official publications, data published on websites of Authorized body and expert organization, the data published in the Register of requests, the Register of patents, the Register of grades, the Register of representatives concerning intellectual property on plant varieties;

the podderzhivatel of grade - person who without acquisition of rights of intellectual property grade ensures safety of grade by maintenance of the signs determined in case of state registration of grade and which extends the grade which is grade of public property or widespread grade or extends grade in other cases determined by this Law;

landing material - seeds or the landing material which is considered suitable for reproduction of whole plants;

the representative-person, acting for the benefit of the applicant and/or other subjects of the rights concerning grade for the purpose of accomplishment of any legal acts, the right on which making it acquired based on the transaction or the law;

The register of requests lists of official data on requests for grade which is kept electronically;

The register of representatives concerning intellectual property on plant varieties (further - the Register of representatives) - the official listing of persons who act on behalf of authors of grade, selectors, applicants, owners of patents, owners of property right on distribution of grade, patrons of grade;

the selector - person who removed invented or improved grade; person who has or had employment or civil relations with person who removed, invented or improved grade (the employer, the customer) connected with removal, the invention or improvement of grade; person who is legal successor (heir) of specified persons;

plant variety (further - grade) - 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 which can be determined extent of manifestation of the signs which are result of activities of the corresponding genotype or combination of genotypes, to distinguish from any other group of plants expressiveness degree at least of one of the specified signs and to consider as a unit from the point of view of its suitability for reproduction in invariable type.

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. Law coverage

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

Regulations of this law concerning determination of suitability of grade for distribution in Ukraine, property right on distribution of grade in Ukraine are not applied to plant varieties which are used in the decorative purposes.

Article 3-1. Subjects of the rights of grade

Subjects of the rights concerning grade are:

1) author;

2) manufacturer;

3) the other persons who acquired the right to grade under the law or the transaction.

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 the rights to grade and use protection of such rights 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 of Ukraine.

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, patents, the Register of grades, the Register of representatives;

determines the size and payment procedure of charges for the actions connected with ensuring accomplishment of powers in the sphere of protection of the rights to plant varieties;

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;

to consideration of the request for grade and conducting qualification examination of grade;

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

observance of the rights provided by this Law;

performs other powers determined by this Law.

Article 8. Powers of the central executive body providing forming and realizing state policy in the sphere of protection of the rights to plant varieties (Competent authority)

1. Competent authority:

provides forming and realization of state policy in the sphere of protection of the rights to plant varieties;

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 in the sphere of protection of the rights to plant varieties under joint intergovernmental, interdepartmental and other agreements;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.