ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 14, 2009 No. 735

About approval of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for selection achievement with state registration of transition of exclusive right to selection achievement to other persons and agreements on the order this right

According to Article 1249 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on patent and other fees for making of the legally significant actions connected with the patent for selection achievement with state registration of transition of exclusive right to selection achievement to other persons and agreements on the order this right.

2. Declare invalid the order of the Government of the Russian Federation of August 12, 1994 N 918 "About measures for implementation of the Law of the Russian Federation "About selection achievements" (The Russian Federation Code, 1994, N 18, the Art. 2080).

Approved by the order of the Government of the Russian Federation of September 14, 2009 No. 735

Regulations on patent and other fees for making of the legally significant actions connected with the patent for selection achievement with state registration of transition of exclusive right to selection achievement to other persons and agreements on the order this right

1. This Provision establishes:

a) the list of the legally significant actions connected with the patent for selection achievement with state registration of transition of exclusive right to selection achievement to other persons and agreements on the order this right for which making patent and other fees according to appendix are collected (further - duties);

b) sizes, procedure and payment due dates of duties;

c) bases for duty relief and reduction of their sizes;

d) bases of payment deferral of duties or their return.

2. Payment of duties is performed:

a) residents which in this Provision are understood as the physical persons who are citizens of the Russian Federation (except for the citizens of the Russian Federation recognized constantly living in foreign state according to the legislation of this state), the foreign citizens and persons without citizenship who are constantly living in the Russian Federation based on the stipulated by the legislation residence permit of the Russian Federation and also the Russian legal entities, - in the sizes provided by the column "The Duty Size for Residents" of appendix to this Provision;

b) nonresidents who in this Provision are understood as the physical persons which are not residents according to the subitem "an" of this Item and foreign legal entities, - in the sizes provided by the column "The Duty Size for Nonresidents" of appendix to this Provision.

3. Duties are brought into the accounts opened for territorial authorities of the Federal Treasury for accounting of receipts and their distribution between budgets of the budget system of the Russian Federation and are subject to transfer in the income of the federal budget.

4. Payment of duties is performed by the legal entities and physical persons which in accordance with the established procedure addressed to the Ministry of Agriculture of the Russian Federation behind making of legally significant actions or the faces acting according to their order (further - applicants).

5. The document confirming payment or surcharge of duty is attached respectively to documents or materials of the request for patent grant for selection achievement (further - the request), to the petition, the statement, objection or the message on payment.

The document confirming payment of duty is the copy of the payment order having stamp of bank about payment of fees or the bank receipt about payment of duty cash or in the way of money transfer from personal account.

The document confirming payment of duty shall belong to one request, one patent for selection achievement or one copyright certificate for selection achievement.

The payment deferral of duty is granted according to the petition of the applicant in cases of emergence of the force majeure circumstances interfering timely payment of duty on effective period of these circumstances on condition of representation by the applicant of the document confirming availability of the specified circumstances.

6. The paid duty is not subject to return, except as specified, if its payment was made in the amount of, exceeding the size established by this Provision or if action for which the duty was paid was not made.

In these cases according to the petition of person who paid the duty, means which arrived on account of duty, or excessively paid amount of duty return or set off on account of other duties provided by this Provision which payment is admissible on the date of submission of the petition.

Return of the means which arrived on account of duty (excessively paid amount of duty) is performed within a month from the date of receipt of the petition.

The petition for return or offsetting of the means which arrived on account of duty (excessively paid amount of duty) can be submitted within 3 years from the date of payment of the corresponding duty.

7. Submission of the document confirming payment of duty, stipulated in Item 1 appendix to this Provision is performed along with submission of the request.

8. Payment of duty, stipulated in Item 4 appendices to this Provision, and submission of the document confirming its payment are performed within 2 months from the date of the notification of the applicant on acceptance to consideration of the documents of the request submitted to the Ministry of Agriculture of the Russian Federation.

9. Payment of duty, stipulated in Item the 5th appendices to this Provision, and submission of the document confirming its payment are performed no later than January of year in which carrying out testing of selection achievement for distinguishability, uniformity and stability is supposed.

10. Submission of the document confirming payment of duty, stipulated in Item the 6th appendices to this Provision is performed along with data presentation about results of testing of selection achievement for distinguishability, uniformity and stability or not later than in 2 months from the date of submission of the specified data.

11. Duties, stipulated in Item 7 and depending on case subitems 9.1. 1, 9.2.1, 9.3.1, 9.4.1 or 9.5.1 appendices to this Provision, are paid at the same time, and the documents confirming their payment are represented after receipt by the applicant of the notification on decision making about registration of the protected selection achievement at any time. Registration of the protected selection achievement is performed in day of submission of the document confirming payment of duty.

Year for which the duty provided by subitems 9.1 is paid. 1, 9.2.1, 9.3.1, 9.4.1 and 9.5.1 of appendix to this Provision, is the first complete calendar year following after year of registration of the protected selection achievement.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info