of January 18, 2005 No. 51
About approval of the Regulations on state commission on testing and approbation of breeds of the Republic of Kazakhstan
(as of February 9, 2009)
IT IS APPROVED
Committee on the rights
Ministries of Justice
Republic of Kazakhstan
January 19, 2005
For the purpose of implementation of the Law of the Republic of Kazakhstan "About protection of selection achievements", PRIKAZYVAYU:
1. Approve the enclosed Regulations on State commission on testing and approbation of breeds of the Republic of Kazakhstan.
2. To development department of livestock production and veterinary safety to take the necessary measures following from this order.
3. To impose control of execution of this order on Development department of livestock production and veterinary safety (Tokseitova R. A.).
4. This order becomes effective from the date of its signing.
Minister S. Umbetov
Approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of January 18, 2005 No. 51
1. State commission on testing and approbation of breeds of the Republic of Kazakhstan (further - State commission) is formed according to the Law of the Republic of Kazakhstan "About protection of selection achievements" of July 13, 1999 and other regulatory legal acts.
2. The state commission performs the activities according to the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, the Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310, the Regulations on Development department of livestock production and veterinary safety approved by the order of the Ministry of Agriculture of July 31, 2008 No. 487, and also this Provision.
3. Working body of State commission is management on development of livestock production and breeding case of Development department of livestock production and veterinary safety of the Ministry of Agriculture of the Republic of Kazakhstan.
4. The main functions of State commission are:
1) acceptance of copies of requests and questionnaires of selection achievements in livestock production;
2) request of the documents and materials necessary for examination of the declared breed;
3) examination and testing of selection achievements for patentability;
4) execution of the conclusion about compliance (discrepancy) of breed to conditions of patentability;
5) creation of the official description of breed in case of breed compliance to patentability conditions;
6) acceptance of the well-ground claims which arrived from interested persons concerning the declared selection achievement and issue of the conclusion on them;
7) the notification of the applicant on receipt of the well-ground claim with statement of its being;
8) acceptance of motivated objection of the applicant in 3-month time, from the date of receipt of the copy of the claim by it;
9) the recommendation of inclusion of selection achievement in livestock production in the State register of the selection achievements allowed to use in production by results of the state testing for patentability;
10) carrying out monitoring tests and check on preserving the signs of selection achievement by the patentee specified in the description of breed constituted on their registration date in the State register of the protected selection achievements.
5. The state commission has the right to 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 contracts, and data provided by the applicant are signed.
6. The state commission is headed by the Chairman who is the Director of the department of development of livestock production and veterinary safety of the Ministry of Agriculture of the Republic of Kazakhstan.
7. Chairman of State commission:
1) performs the common directorship of activities of State commission and bears the personal responsibility for accomplishment of the tasks assigned to it and implementation of the functions by it;
2) makes offers on structure and number of experts of State commission;
3) gives written and oral instructions within the competence to employees of State commission;
4) It is excluded
5) It is excluded
6) is signed by the official description of breed;
7) signs the conclusions about compliance (discrepancy) of the declared selection achievement to conditions of patentability and other documents.
8. The permanent list of experts of State commission affirms the order of the Minister of Agriculture of the Republic of Kazakhstan according to the proposal of heads of the research organizations of agricultural industry of the Republic of Kazakhstan.
9. For carrying out expert works with departure into place from among permanent members of State commission, on corresponding to profile of experts of new selection achievement the commission of experts is created.
10. In case of shortcoming of members of state commission for conducting examination of selection achievement on one of livestock production industry, in coordination other leading scientists and specialists of the research and production centers and agricultural higher education institutions can be attracted.
11. Date and the venue of testing and approbation, to the corresponding experts the staff of working body of State commission informs.
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