ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 15, 2013 No. 43

About approval of Regulations about testing and entering of grades into the Catalogue of plant varieties

According to the Law No. 39-XVI of February 29, 2008 on protection of plant varieties (The official monitor of the Republic of Moldova, 2008, Art. No. 99-101, 364), with subsequent changes and to amendments, and article 7 of the Law No. 57-XVI of March 10, 2006 on grapes and wine (The official monitor of the Republic of Moldova, 2006, No. 7578, the Art. 314), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations about testing and entering of grades into the Catalogue of plant varieties it (is applied).

2. This Resolution becomes effective in six months after publication in the Official monitor of the Republic of Moldova.

3. To impose control of execution of this Resolution on the Ministry of Agriculture, regional development and the environment.

Approved by the Order of the Government of the Republic of Moldova of January 15, 2013 , No. 43

Regulations about testing and entering of grades into the Catalogue of plant varieties

The regulations about testing and entering of grades into the Catalogue of plant varieties (further - Regulations) establish procedures of testing of plant varieties and their entering into the Catalogue of plant varieties of the Republic of Moldova for the purpose of their use in production and partially apply requirements of the Directive 2002/53/EU of Council of June 13, 2002 about the General catalog of grades of agricultural plants (it is published in the Official magazine of the European Community No. L 193/1 of July 20, 2002).

Chapter I General provisions

1. Provisions of these Regulations do not extend to the seeds and landing material intended for export and to those which are made in individual farms provided that they will not be delivered on the market.

2. In these Regulations the basic concepts are used in the following value:

1) the allowed grade - the grade officially tested which is brought in the Catalogue of plant varieties and is allowed for cultivation in the Republic of Moldova;

2) the protected grade - the new created grade for which the patent for plant grade was granted;

3) the Catalogue of plant varieties - the official catalog in which the plant varieties allowed for production and realization in the Republic of Moldova are brought;

4) field trial - studying of grades in field conditions on the cultural and economic value (KHTs) and estimates of their compliance to requirements to patentability: distinguishability, uniformity and stability (OOS);

5) author/applicant:

a) physical person or legal entity which created or revealed and enhanced new grade;

b) person who hires physical persons or legal entities orders and provides them conditions for creation or identification of new grades if the agreement provides that the rights of the selector belong to the employer;

c) the legal successor of persons specified in subitems and) and b);

6) exception - exception (removal - elimination) grades from the Catalogue of plant varieties;

7) variation - variation or non-admission to registration for testing or entering of grade into the Catalogue of plant varieties;

8) cancellation - cancellation or withdrawal of earlier made official decision concerning entering of grade into the Catalogue of plant varieties.

Chapter II of Organa, responsible for testing and legal protection of new plant varieties

3. The bodies responsible for testing, introduction, use and ensuring legal protection of plant varieties according to the Law No. 39-XVI of February 29, 2008 on protection of plant varieties in the Republic of Moldova, are:

1) State commission on testing of plant varieties (further - State commission) is body which realizes policy of the state in the field of use of new plant varieties in production process and performs testing of new plant varieties in the centers for testing, according to methodologies and international standards, approves methodological regulations on testing of grades, samples of registers, reports and other documents and on the basis of the received results makes the decision on introduction, change and the annual edition of the Catalogue of plant varieties. Decisions of State commission are final and can be appealed in judicial authorities.

2) the State agency on intellectual property is body which provides legal protection of plant varieties by patent grant on plant grade.

State commission is organization in subordination of the Ministry of Agriculture and food industry and has the following obligations:

Develops 1) together with profile scientific institutes of methodology of technical expertize and representation of new grades for their entering into the Catalogue of plant varieties and their use taking into account the existing national and international rules;

2) tests grades which are requested for introduction;

3) is provided by integrity of the biological material accepted for testing and confidentiality of the obtained data, upon the demand of the selector;

4) creates the profile methodical commissions with the assistance of scientists and specialists who estimate competitive testing;

5) generalizes results of testing and reports of the profile methodical commissions, constitutes offers for registration of new grades on the basis of which the order of State commission on entering of grades into the Catalogue of plant varieties is issued;

6) is conducted by the list of the bodies, organizations, local and foreign legal entities and physical persons responsible for maintenance of grades.

Testing of plant varieties is performed by State commission for the purpose of assessment of their compliance to patentability conditions, carries out testing of grades for distinguishability, uniformity and stability (OOS) and for the cultural and economic value (KHTs).

State commission keeps the Catalogue of plant varieties including the grades allowed for production and sale in the Republic of Moldova according to the sample specified in appendix No. 1 to this Resolution.

The catalog of plant varieties of the Republic of Moldova is the annual edition and represents databank about the grades allowed to cultivation in the agro-industrial sector of the Republic of Moldova.

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