About legal protection of selection achievements
This Law determines legal, economic and organizational basis of activities in the field of protection of selection achievements, regulates the property, and also related personal non-property relations arising in connection with creation, identification, removal, protection and use of selection achievements.
In this Law the following basic concepts are used:
selection achievement - new grade of plant, new breed of animal (their line, types and cross-countries) registered in the State register of selection achievements;
the grade - group of plants which is determined by the signs characterizing this genotype or combination of genotypes and differs from other groups of plants of the same botanical taxon in one or several signs;
breed - group of animals which has genetically caused biological and morphological properties signs which are specific to this group and distinguish it from other groups of animals. Breed can be provided by female and men's individual or breeding material;
the selector - person who creative activity removed or revealed and enhanced selection achievement;
seed and landing material - seeds, seedling, bulbs and other parts of plants intended for reproduction of grade;
breeding animal - the animal intended for breed reproduction;
breeding material - breeding animal, its gametes or zygotes (embryos);
the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;
the patentee - person having exclusive right on the selection achievement protected by the patent.
1. The legislation of Turkmenistan in the field of legal protection of selection achievements is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan regulating questions of legal protection of selection achievements.
2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.
1. The right to selection achievement is protected by this Law, other legal acts of Turkmenistan and is confirmed by the patent for selection achievement (further - the patent).
The patent certifies exclusive right of the patentee on use of selection achievement, authorship of the selector and priority of selection achievement.
The amount of protection of selection achievement on which the patent is granted is determined by set of the essential signs fixed in the official description of selection achievement in the State register of selection achievements.
2. Effective period of the patent is estimated from registration date of selection achievement in the State register of selection achievements and constitutes:
30 years - on grades of grapes, wood decorative, fruit crops and forest breeds, including their stocks;
25 years - on plant varieties of other types;
30 years - on breed of animal.
State regulation in the field of legal protection of selection achievements is performed by the Cabinet of Ministers of Turkmenistan, authorized state body on patent grant on plant varieties and breeds of animals, authorized state body on sortoispytaniye and authorized state body on testing of breeds of animals according to the procedure, established by the legislation of Turkmenistan.
Cabinet of Ministers of Turkmenistan:
provides execution of the Constitution of Turkmenistan, this Law, acts of the President of Turkmenistan and resolutions of the Cabinet of Ministers of Turkmenistan, the international treaties of Turkmenistan governing the relations in the field of legal protection of selection achievements;
performs state policy in the field of protection of selection achievements;
approves the State list of botanical and zoological childbirth and types of plant varieties and breeds of animals to which legal protection of selection achievements extends;
supplements and excludes childbirth and types from the State list of botanical and zoological childbirth and types of plant varieties and breeds of animals according to offers of authorized state body on patent grant on plant varieties and breeds of animals;
provides international cooperation in the field of protection of selection achievements;
resolves other issues carried to its competence by the legislation of Turkmenistan.
Authorized state body on patent grant on plant varieties and breeds of animals:
takes cognizance of requests for patent grant for selection achievements;
carries out preliminary expert examination of requests for patent grant;
makes the decision on patent grant or on refusal in its issue by results of expert examination as to novelty, and also testing for distinguishability, uniformity and stability received from authorized state body on sortoispytaniye and authorized state body on testing of breeds of animals;
performs state registration of selection achievements in the State register of selection achievements;
provides the publication of the official data concerning protection of selection achievements;
grants patents for selection achievements;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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