RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 26, 2011 No. 1113

About approval of criterion on which the risk degree from carrying out the economic activity connected with use of the rights to plant varieties is estimated and frequency of holding planned actions of the state supervision (control) is determined

According to article 5 of the Law of Ukraine "About the main beginnings of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 21.03.2018 No. 200.

2. Add the paragraph third Item of 1 criteria by which the risk degree from carrying out the economic activity connected with use of objects of intellectual property right is estimated and frequency of implementation of the actions of the state supervision (control) in the sphere of economic activity approved by the resolution of the Cabinet of Ministers of Ukraine of December 22, 2010 No. 1174 (The Official Bulletin of Ukraine, 2010, No. 98, of the Art. 3491), after the words "in the sphere of intellectual property" words "(except the legislation in the sphere of protection of the rights to plant varieties) is determined".

3. To the Ministry of Agricultural Policy and Food to bring own regulatory legal acts into accord with this resolution in a month.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 26, 2011, No. 1113

The criterion by which the risk degree from carrying out the economic activity connected with use of the rights to plant varieties is estimated and is determined frequency of holding planned actions of the state supervision (control)

1. The criterion by which the risk degree from carrying out by subjects of managing of the economic activity connected with use of objects of intellectual property right - plant varieties is estimated and determines frequency of holding planned actions of the state supervision (control), compliance with law in the sphere of protection of the rights to plant varieties is.

2. Taking into account the established criterion of subjects of managing which carry out the economic activity connected with use of objects of intellectual property right - plant varieties (further - subjects of managing) carry to one of three risk degrees: high, average, insignificant.

3. The subjects conducting the activities connected with use of landing material of grade which property rights of intellectual property are certified by the patent and property right on which distribution is attested the certificate on state registration with compliance with law in the sphere of protection of the rights to plant varieties belong to subjects of managing with high risk.

4. Subjects which are employers (owners of property rights) belong to subjects of managing with average risk degree and perform remuneration payment to the author (authors) of plant varieties according to the legislation in the sphere of protection of the rights to plant varieties.

5. Subjects which are not carried to subjects of managing with high and average risk degree belong to subjects of managing with insignificant risk degree.

6. Planned actions of the state supervision (control) are performed with such frequency:

with high risk - is not more often than once a year;

with average risk degree - is not more often than once in two years;

with insignificant risk degree - is not more often than once in five years.

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