Unofficial translation. (c) Soyuzpravoinform

ORDER OF THE MINISTRY OF AGRARIAN POLICY OF UKRAINE

of May 28, 2003 No. 151

About approval of the Regulations on the certificate on authorship to plant variety

According to part 4 of Article 16 and Articles 35, 37, 59 Laws of Ukraine "About protection of the rights to plant varieties" PRIKAZYVAYU:

1. Approve Regulations on the certificate on authorship to plant variety which are applied.

2. To public service on protection of the rights to plant varieties (V.V.'s Wolfhound) to submit the order on state registration to the Ministry of Justice of Ukraine and to publish it in the statement of Gossortsluzhby "Protection of the rights to plant varieties".

3. To impose control over the implementation of the order on the Deputy State secretary Yakovenko V. P.

Approved by the Order of the Ministry of agrarian policy of Ukraine of May 28, 2003 No. 151

Regulations on the certificate on authorship to plant variety

This Provision is developed according to part 4 of Article 16 and Articles 35, of 37, 59 Laws of Ukraine "About protection of the rights to plant varieties" and determines the procedure of issue of the certificate on authorship to plant variety, modification of the list of authors of grade, exchange of the copyright certificate for plant variety for the certificate on authorship to plant variety, and also establishes form of the certificate on authorship to plant variety.

1. General provisions

1.1. The certificate on authorship to plant variety (further the Certificate) is the security document which certifies personal non-property copyright on grade and is issued to the author of plant variety of the Ministries of Agricultural Policy and Food of Ukraine (further Minagropolitiki).

1.2. The author of grade the person which he directly removed is recognized or removed and the grade improved grade. It acquires personal non-property copyright of date of state registration of plant variety.

1.3. Personal non-property intellectual property rights on plant variety are not alienated, not transferred and are effective is termless.

2. Procedure of issue of the Certificate

2.1. The certificate is granted to the author of plant variety according to its requirement of date of state registration of plant variety in a month.

2.2. In case of availability of several persons who are specified in the request for plant variety by authors of grade the Certificate is granted to each of authors.

2.3. The certificate is granted in the established form given in appendix 1.

2.4. The author of plant variety can receive the Certificate personally on presentation of the passport or mail, having filed the written application in any form in Minagropolitiki. The certificate can be granted to any person based on the notarized order of the author of grade.

2.5. Issue of the Certificate is registered in the magazine of registration of issue of certificates on authorship to plant variety in the established form given in appendix 2.

3. Modification of the list of authors of plant variety

3.1. In case of review of terms of the contract concerning the list of authors of grade of Minagropolitiki according to the joint petition of persons specified in the request as authors, and also the authors who are not specified in the request makes changes to the relevant documents in accordance with the established procedure on condition of receipt of the petition before decision making for state registration of the rights to grade and payments of the corresponding collection.

3.2. For modification of person, specified in the request as authors of grade, and persons which are not specified in the request as authors of grade submit to Minagropolitiki the joint petition concerning change of list of authors of grade in the established form given in appendix 3.

3.3. If changes are made in the course of conducting examination of the request, the list of authors of grade can be added, and also persons specified in the joint petition can be removed from the list of authors of grade.

3.4. It is excluded

3.5. The joint petition concerning review of list of authors of plant variety is considered by Minagropolitiki after receipt of the document on collection payment in a month.

3.6. Minagropolitiki, having received the joint petition for change of list of authors of grade and the document on collection payment, makes changes to the data entered in the State register of requests for plant varieties if the joint petition arrived in the course of examination of the request.

3.7. Data on modification of the list of authors of grade are published in the statement of Minagropolitiki "Protection of the rights to plant varieties".

4. The procedure of exchange of the copyright certificate for plant variety on the Certificate

4.1. The author of grade which has the copyright certificate USSR on plant variety or the copyright certificate of Ukraine on plant variety granted before entry into force of the Law of Ukraine "About protection of the rights to plant varieties" based on the resolution of the Cabinet of Ministers of Ukraine of November 22, 1993 N 935 can address in Minagropolitiki with the written petition for its exchange. The original of the copyright certificate which is subject to exchange is attached to the petition.

4.2. In a month after receipt of the petition for exchange of the copyright certificate for Minagropolitiki plant variety free of charge exchanges it for the Certificate.

4.3. About exchange of the copyright certificate for plant variety the corresponding log entry of registration of issue of certificates on authorship to plant variety is made.

Appendix 1

to Regulations on the certificate on authorship to plant variety (Item 2.3 of Chapter 2)

Certificate on authorship to plant grade

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