Law of the Azerbaijan Republic

of November 15, 1996 No. 197-IQ

About selection achievements

This Law establishes the legal basis of registration, use and protection of selection achievements in the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Basic concepts

The concepts used in this Law mean the following:

selection achievement - plant varieties, useful to society, breed of animals, their hybrids, lines, cross-countries and clones created as a result of selection work;

plant material - seeds, bulbs, tubers, stocks and other parts of plants aiming at distribution of grade;

breeding inventory (products, material) - the animals reproduced in the breeding purposes having the state certificate and their seeds, eggs, germs;

the state register of selection achievements - the state register of registration of plant material and breeding inventories;

the protected selection achievement - the patent plant material and breeding inventory included in the State register;

the applicant - legal entity or physical person which addressed to the relevant state body for patent grant on selection achievement;

the patent - the document confirming acceptance of selection achievement as the invention, its protection and exclusive right on this invention;

the author - physical person or group of persons, created selection achievement;

the license agreement - the legal act about use of selection achievement which is drawn up between the patentee and physical persons and legal entities;

Article 2. Legislation of the Azerbaijan Republic on selection achievements

The legislation of the Azerbaijan Republic on selection achievements consists of this Law and other regulatory legal acts published according to it.

Article 3. Conditions of patentability of selection achievement

Criteria of patentability of selection achievement are:

a) novelty;

Selection achievement is considered new if for date of application for patent grant this selection achievement was not on sale or was not transferred otherwise to other persons for use in the territory of the Azerbaijan Republic if it concerns field cultures, - earlier than in one year prior to this date, to grades of grapes, officinal and decorative, fruit crops, forest breeds, breeds of animals - earlier than in four years prior to this date, in the territory of foreign states - respectively earlier than in four years and in six years.

b) distinguishability;

Selection achievement shall differ obviously from others the selection achievements, known by day of application.

The known selection achievement shall have the exact description in the official catalog, help fund or in one of editions.

Selection achievement on which the patent is taken out is considered known from the date of application for receipt of the patent.

Distinctive signs of characteristics of selection achievements shall allow their comparison and the exact description.

c) uniformity;

Signs of selection achievement shall be uniform in the genotypes and phenotypes taking into account separate variations which can take place in connection with features of reproduction.

d) stability;

Selection achievement shall match the description after numerous reproduction or at the end of each cycle of reproduction.

Selection achievement shall not break ecological equilibrium, it shall conform to the established requirements for environmental protection.

Article 4. Objects and subjects of selection achievements

Plant varieties, breeds of animals, their hybrids, genotypes, lines, cross-countries, clones, seeds, eggs, germs and other plant materials and breeding animals are subjects to selection achievements.

All legal entities and physical persons owning selection achievements and conducting selection work are subjects of selection achievements.

Article 5. State body on patentovy protection of selection achievement

Patent protection of selection achievement in the Azerbaijan Republic is performed by the competent state body (from now on competent authority) determined by relevant organ of the executive authority of the Azerbaijan Republic.

Chapter II. General rules of examination, testing and approval of selection achievement

Article 6. Right to application for patent grant

The right to application for patent grant first of all belongs to the author of selection achievement or its legal successor.

The application is submitted by several applicants and the relations between them are governed by the signed agreement if they jointly created selection achievement or are legal successors of authors.

If selection achievement is created by the author in case of accomplishment of service duties, the right to application for patent grant belongs to the employer if the author's contract between the author and the employer does not provide other. At the same time in the agreement it is necessary to consider remuneration of the author (authors) for use of selection achievement.

If between the employer and the author the extradition treaty of the patent to the employer is not signed or the employer will violate terms of the contract, the right of receipt of the patent remains for the author.

The right of application for patent grant can be granted also to the other person specified in the request of the author. In this case the request of the author shall arrive in competent authority before decision making about patent grant.

Legal entities and citizens of foreign states acquire the right to application for patent grant in case of the conclusion between the Azerbaijan Republic and these states of international treaties on testing and protection of selection achievements.

Staff of competent authority during the entire period of work in this body and within three years after dismissal from work has no right to submit applications for patent grant.

The request shall belong to one selection achievement.

Documents are submitted in state language of the Azerbaijan Republic or other language. If documents are submitted in other language, their translation into Azerbaijani is applied to the request.

For receipt of the patent the following documents are submitted:

the petition on selection achievement;

the questionnaire reflecting the description and signs of selection achievement;

the certificate of acceptance of model of selection achievement to storage in National Bank of the Azerbaijan Republic;

genetic passport;

the receipt confirming payment of required duties;

The procedure for creation and consideration of documents is established by the instruction approved in the appropriate order.

In case of possibility of receipt of the documents necessary for receipt of the patent, in the relevant state body (organization) through the Information system "Electronic Government", these documents from the applicant are not required. In cases when receipt of such documents through the Information system "Electronic Government" is impossible, their representation is requested from the relevant state body (organization) with the consent of the applicant or provided with the applicant.

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