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of June 13, 1998 No. 79

About legal protection of selection achievements

(as amended on 23-03-2023)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 26, 1998

This Law governs the property and personal non-property relations arising in connection with removal or identification (further - creation), by use and legal protection of selection achievements on which patents of the Kyrgyz Republic are granted.

Operation of this Law extends to all botanical and zoological childbirth, types.

Section 1. General provisions

Article 1. Basic concepts

For the purposes of this Law the following concepts are used:

the author of selection achievement (selector) - person whose creative activity creates selection achievement;

breed - group of animals which irrespective of protectability has genetically caused biological and morphological properties and signs; and, some of them are specific to this group and distinguish it from other groups of animals. Breed can be provided by female or men's individual or breeding material. The protected categories of breed are: type, factory line, cross-country line and family;

breeding animal - the animal intended for breed reproduction;

breeding material - breeding animal, its gametes or zygotes (embryos);

selection achievement - plant variety, breed of animals;

the protected selection achievement - the plant variety, breed of animals registered in the State register of the protected selection achievements;

the grade - group of plants within the same botanical taxon of the lowest of the known classes which irrespective of whether it completely meets protectability conditions, it can be determined by the signs characterizing this genotype or combination of genotypes differs from other groups of plants of the same botanical taxon at least in one sign can be considered single from the point of view of its suitability for receipt of invariable whole plants of grade.

The protected categories of grade are: clone, line, hybrid of the first generation, population;

seeds - the generative and vegetative bodies of plants applied to reproduction of grade;

plant material - the whole plants or parts of plants, seeds, saplings, bulbs, fruits of various cultures intended for reproduction or realization in other purposes other than reproduction of grade;

counterfeit selection achievement - selection achievement, reproduction and (or) commercial use of which involves violation of exclusive rights of the owner of the patent.

Article 2. Legal protection of selection achievement

The right to selection achievement is protected by this Law and is confirmed by the patent for selection achievement.

The patent certifies authorship of the selector, priority of selection achievement, exclusive right of the owner of the patent for use of selection achievement.

The amount of legal protection provided by the patent for selection achievement is determined by set of the essential signs fixed in the description of selection achievement.

Article 3. State regulation in the sphere of legal protection of selection achievements

State regulation in the sphere of legal protection of selection achievements is performed by the Cabinet of Ministers of the Kyrgyz Republic.

Primary consideration of disputes over questions of protectability of selection achievements is performed by Appeal council according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic.

The authorized state body in the field of intellectual property according to this Law performs single state policy in the field of protection of selection achievements in the Kyrgyz Republic, takes cognizance of requests for registration, carries out on them preliminary expert examination, performs their state registration, grants patents, publishes official data, performs other functions according to the provision approved by the Cabinet of Ministers of the Kyrgyz Republic.

The list of zoological childbirth and animal species and the List of botanical childbirth and types of plants which seeds of grades are allowed to be grown up in the territory of the company within two years for own use affirm the Cabinet of Ministers of the Kyrgyz Republic.

Section II. Conditions of protectability of selection achievement and procedure of execution of the request for patent grant

Article 4. Conditions of protectability of selection achievement

The patent is granted on the selection achievement answering to criteria of protectability and relating to botanical and zoological childbirth and types.

Criteria of protectability of selection achievement are:


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