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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 30, 2009 No. 384

About approval of Rules of state registration of agreements on the order exclusive right on selection achievement and transition of such right without agreement

According to Article 1232 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of state registration of agreements on the order by exclusive right on selection achievement and transition of such right without agreement.

 

Prime Minister

Russian Federation V. Putin

Approved by the order of the Government of the Russian Federation of April 30, 2009 No. 384

Rules of state registration of agreements on the order exclusive right on selection achievement and transition of such right without agreement

1. These rules establish procedure and conditions of state registration of agreements on the order exclusive right on selection achievement, and also transition of such right without agreement.

2. The following agreements on the order exclusive right on selection achievement are subject to state registration:

the contract on alienation of exclusive right for selection achievement (further - the agreement on alienation of the patent);

the pledge agreement of exclusive right on selection achievement;

agreement on provision of right to use of selection achievement.

The changes concerning essential conditions of the registered agreement on the order exclusive right on selection achievement, termination of the registered agreement on the order exclusive right on selection achievement (further - termination of the registered agreement), and also transition of exclusive right to selection achievement without agreement are subject to state registration (further - transition of exclusive right).

3. State registration of agreements, changes and transition of exclusive right, stipulated in Item 2 these rules, is performed by the Ministry of Agriculture of the Russian Federation in case of observance of the following conditions:

a) provision of documents concerning the registered selection achievements which legal protection is not stopped or is not acknowledged invalid in accordance with the established procedure;

b) compliance of the provided data on the subject of the agreement (number of the patent, the name of selection achievement, amount of legal protection, effective period of exclusive right), the owner (patentee) and agreement parties to the data containing in the State register of the protected selection achievements;

c) availability in the paid agreement on alienation of the patent or the agreement on provision of right to use of selection achievement of condition on remuneration or procedure for its determination.

4. For state registration of agreements, changes and termination of the registered agreements, stipulated in Item 2 these rules, the citizen or the legal entity, being one of agreement parties, or their representative represent the following documents to the Ministry of Agriculture of the Russian Federation:

a) statement for state registration;

b) the document confirming payment of duty in the established size (for the agreement on alienation of the patent concerning which there is public offer to sign the agreement on alienation of the patent, also the document confirming payment of all patent fees from which payment the applicant (patentee) was exempted);

c) the power of attorney certifying powers of the representative of the citizen or the legal entity, being one of agreement parties (in case of business management through the representative);

d) 3 copies of the agreement relating to one selection achievement (1 copy of the agreement remains on storage in the Ministry of Agriculture of the Russian Federation and on 1 copy it is transferred to persons which are agreement parties or their representatives).

5. For state registration of the termination registered the agreements unilaterally the citizen or the legal entity which are one of agreement parties, or their representative submit the documents provided by subitems of "a"-"v" of item 4 of these rules.

In case of termination of the registered agreement based on the judgment the relevant decision of court in addition is attached to the specified documents.

6. For state registration of transition of exclusive right the citizen or the legal entity or their representative represent the following documents to the Ministry of Agriculture of the Russian Federation:

a) statement for state registration;

b) the document confirming payment of duty in the established size;

c) the power of attorney certifying powers of the representative of the citizen or the legal entity (in case of business management through the representative);

d) the documents confirming transition of exclusive right.

7. For state registration originals of the documents provided by items 4 - 6 these rules, or their notarially certified copies which do not have erasures and (or) additions, the crossed-out words and other corrections which are not stipulated in them are represented.

If the document consists more than of 1 leaf, document sheets are numbered and stitched.

The submitted documents shall have signatures of the parties or the officials determined by the legislation of the Russian Federation. Names of legal entities are specified without reducings with indication of their location, surname, names and middle names of physical persons and the address of their residence are specified completely.

Documents can be submitted in Russian or foreign language. If documents are submitted in foreign language, the translation into Russian certified in accordance with the established procedure is applied to them.

8. The Ministry of Agriculture of the Russian Federation considers the application for state registration of agreements, changes, termination of the registered agreements and transition of exclusive right, stipulated in Item 2 these rules, within 20 working days from receipt date of complete set of the documents provided by items 4 - 6 these rules, and by results of consideration performs state registration or refuses such registration if the conditions provided by these rules are not complied.

In case of refusal in state registration the Ministry of Agriculture of the Russian Federation notifies on it in the specified time in writing person who submitted the application for state registration with indication of causes of failure.

9. In case of state registration of agreements, changes, termination of the registered agreement and transition of exclusive right, stipulated in Item 2 these rules, the Ministry of Agriculture of the Russian Federation enters the corresponding data in the State register of the protected selection achievements, publishes in the future issue of the statement of the data on state registration, entered in the State register of the protected selection achievements, and also notifies in writing person who submitted the application for state registration in 3-day time from the date of state registration.

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