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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 29, 2010 No. 672

About protection of plant varieties

(as amended of the Law of the Republic of Tajikistan of 02.01.2017 No. 1482)

This Law regulates legal protection of plant varieties and determines the legal basis of provision and protection of the rights of the selector.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- plant grade - group of plants, within the lowest of the known botanical taxons which irrespective of whether it completely meets conditions for provision of the right of the selector, it can be determined by degree of the expressiveness of signs which is result of this genotype or combination of genotypes, distinguishable from any other group of plants expressiveness degree, at least, of one of these signs it is considered as a unit from the point of view of its suitability for reproduction in invariable type of the whole plants of grade;

- the selector - person who removed or revealed and enhanced grade of plant or its employer or their legal successors;

- the certificate of the right of the selector - the document certifying the right of the selector to protection of grade of plant;

- The state register of the protected plant varieties (further - the Register) the state source of information on the protected plant varieties which maintaining is performed by authorized state body on testing, registration and protection of plant varieties;

- the right of the selector - the right of the selector to new plant variety which are determined by this Law and other regulatory legal acts of the Republic of Tajikistan;

- International union on protection of new plant varieties, the international union founded by the states or intergovernmental organizations - participants of the International convention on protection of new plant varieties for the purpose of support in development of agrarian industry, and also protection of the rights of selectors;

- members of International union on protection of new plant varieties of the state or intergovernmental organizations - participants of the International convention on protection of new plant varieties;

- the applicant - the physical person or legal entity which submitted the request to authorized state body on testing, registration and protection of plant varieties for receipt of the right of the selector;

- the heir (heirs) of the selector - physical person or legal entity which according to the legislation of the Republic of Tajikistan is recognized the legitimate heir of the selector.

- the right of the selector - the rights of the selector provided by this Law;

- International union on protection of new grades the rasteniymezhdunarodny union founded by the International convention on protection of new plant varieties;

- the member of International union on protection of new plant varieties the State Parties or the Contracting party of the International convention on protection of new plant varieties.

Article 2. Legislation of the Republic of Tajikistan on protection of plant varieties

The legislation of the Republic of Tajikistan on protection of plant varieties is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

This Law is applied to childbirth and types of plants which list is determined by authorized state body and after no more than 10 years from the date of its introduction in force - to all childbirth and types of plants.

Article 4. Authorized state body on testing, registration and protection of plant varieties

1. The authorized state body on testing, registration and protection of plant varieties (further - authorized state body) provides maintaining single policy in the field of protection of plant varieties in the territory of the Republic of Tajikistan. The authorized state body is determined by the Government of the Republic of Tajikistan.

2. The authorized state body grants the right of the selector to the selector of grade of plant and grants the certificate of the right of the selector which certifies the right of the selector to protection of grade of plant.

3. The authorized state body has the following powers concerning protection of plant varieties:

- performs maintaining the Register and provides availability of its information;

- resolves the issues concerning examination of requests;

- in case of plant grade compliance to the conditions provided by articles 8-11 of this Law grants the certificate of the right of the selector;

- performs other powers according to the legislation of the Republic of Tajikistan.

4. The authorized state body according to the procedure, established by the legislation of the Republic of Tajikistan, concerning questions of protection of plant varieties, including, concerning the procedure of consideration of requests for receipt of the rights of the selector, the name of plant variety, examination of requests, the periodic publication of information, appellate procedure and registration date of grade of plant in the Register, develops rules and instructions which affirm authorized state body of management of agricultural industry.

Article 5. Provision of paid services

The cost of the services in acceptance of the request, conducting examination of new plant varieties, issue of the Certificate on the right of the selector, the publication of official data, including modification of the request, provision of the statement rendered by authorized state body from the Register of appendices and their duplicates is paid by the applicant according to the procedure, established by regulatory legal acts of the Republic of Tajikistan.

Chapter 2. Conditions of provision of the right of the selector

Article 6. Right to protection of grade of plant

1. The selector has the right to protection of new grade of the plant which is achievement of its selection activities and past state registration.

2. The right of the selector is confirmed by issue by authorized state body of the Certificate on the right of the selector, or the security document of other form issued by gosudarstvomuchastnik of the International convention on protection of new plant varieties.

3. The right of the selector is exercised and protected according to this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

4. The selector has the right to remuneration for removal or identification and enhancement of new grade of plant. In the contract with users of new plant varieties the sizes, conditions and payment due dates of remuneration are determined. If the grade of plant is removed or revealed and enhanced with participation of several selectors, remuneration according to the agreement is distributed between them.

5. The right of the selector to protection of new plant varieties according to the procedure, established by regulatory legal acts of the Republic of Tajikistan, can be transferred or passes to other person or persons (heirs).

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