of August 28, 2008 No. 780
About approval of Rules of carrying out strain testing of agricultural plants
For the purpose of implementation of the Law of the Republic of Kazakhstan of February 8, 2003 "About seed farming" the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of carrying out strain testing of agricultural plants.
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of August 28, 2008 No. 780
1. These rules of carrying out strain testing of agricultural plants (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", on February 8, 2003 "About seed farming" and determine procedure for carrying out testing and assessment of grades of agricultural plants on patentability and economic usefulness.
2. In these rules the following basic concepts are used:
1) authorized body in the field of seed farming - Ministry of Agriculture of the Republic of Kazakhstan;
2) laboratory research of grades of agricultural plants testing of grade in vitro regarding distinguishability and uniformity on morphological and biochemical features and compliance to the description provided in the request for patent grant;
3) field trial - comprehensive and profound study and assessment of new grades on the productivity level, product quality, resistance to diseases and wreckers and on other economic and valuable signs in comparison with standards, and also assessment of their cost efficiency;
4) databank - the code of passport data of grades on which testing and assessment for patentability and economic usefulness was carried out, with separation into the grades included in the State register of the selection achievements allowed to use in the Republic of Kazakhstan (further - the State register), and the grades which are not included in the State register;
5) State commission - The state commission on strain testing of crops which is under authority of authorized body in the field of seed farming, performing examination and testing of plant varieties for patentability and economic usefulness;
6) the applicant - legal entity or physical person which submitted the application for patent grant and/or testing of grade for economic usefulness;
7) patentability - grade compliance to criteria of novelty, distinguishability, uniformity and stability;
8) the expert organization - the organization subordinated to authorized state body in the field of protection of selection achievements performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of selection achievements);
9) authorized state body in the field of protection of selection achievements - Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan;
10) preserving grade - maintenance of grade according to the official description in the State register of the Republic of Kazakhstan of the protected plant varieties;
11) the passport of grade - the description of grade on the exact and reproduced signs determining high-quality accessory;
12) economic usefulness - availability of complex of the economic and valuable signs providing the maximum cost efficiency of production.
3. State commission can use results of the testing which are carried out by other organizations of the Republic of Kazakhstan, and also other states with which the relevant agreements, and data provided by the applicant are signed.
4. Testing of grade for patentability and economic usefulness are carried out by State commission by the accepted techniques approved by authorized body in the field of seed farming (further techniques) at the scheduled time.
5. The application for patent grant is submitted by the applicant to the expert organization.
In case of receipt of positive result of preliminary expert examination by authorized state body in the field of protection of selection achievements the decision on further review of the request is made. Copies of the request and the questionnaire of grade go to State commission.
The expert organization in writing notifies in a month the applicant on positive result of preliminary expert examination, establishment of date of application, priority of grade and transfer of materials of the request to State commission.
6. Lists of childbirth and types of plants according to which patentability is estimated according to the state testing or the applicant affirm the order of the Government of the Republic of Kazakhstan.
7. Testing of grade for patentability includes:
1) evaluating copy of the request for patent grant;
2) evaluating grade on novelty;
3) evaluating name of grade;
4) testing for distinguishability, uniformity and stability of grade on which the authorized state body in the field of protection of selection achievements makes the decision on its further review.
8. In case of assessment of patentability of grade according to the applicant testing of grade for distinguishability, uniformity and stability is not carried out.
9. Within two months from receipt date of the copy of the request for patent grant State commission carries out:
1) assessment of the copy of the request for patent grant;
2) grade assessment on novelty according to Item 11 of these rules;
3) assessment of the name of grade;
4) laboratory research on compliance to the signs specified in the questionnaire.
10. Assessment of the copy of the request for patent grant is carried out by verification of presence of documents which shall contain in the request or be applied to it.
If as a result of assessment of the declared grade on novelty it is determined that the grade does not answer criterion of novelty, State commission makes the decision on patent refusal and in a month in writing notifies on it authorized state body in the field of protection of selection achievements and the applicant.
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