Unofficial translation (c) Soyuzpravoinform LLC
of May 19, 1997 No. 51
About approval of the Regulations on rules of patent grant and copyright certificates on achievements of selection in the Azerbaijan Republic
Due to the execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About achievements of selection" of January 17, 1997 the number 538 Cabinet of Ministers of the Azerbaijan Republic decides:
Approve "Regulations on rules of patent grant and copyright certificates on achievements of selection in the Azerbaijan Republic".
First Deputy Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 19, 1997 No. 51
1. This Provision determines conditions and rules of patent grant and copyright certificates on achievements of selection in the Azerbaijan Republic.
2. Patents and copyright certificates on achievements of selection are granted by agrarian services Agency (further - the Agency) under the Ministry of Agriculture of the Azerbaijan Republic (further - the Ministry).
3. The party creating achievements of selection submits the application for receipt of the patent to the Agency.
4. The right of filing of application to receipt of the patent, first of all, is granted to the author of achievement of selection or his right heir.
5. The giving right the statement on the patent can be granted also to other person specified in the statement of the author. At the same time the statement of the author shall arrive in the Agency before decision making about patent grant.
6. If achievement of selection is created jointly or applicants are the author's right heirs, the application is submitted by several persons, and their relations are regulated by the agreement signed between them.
7. If achievement of selection is received by person fulfilling service duties, the application for receipt of the patent is submitted by the employer of this person in case of absence in the signed author's agreement of other conditions.
8. Legal entities and citizens of foreign states can submit the application for receipt of the patent for achievement of selection to the Agency. At the same time execution of the request for patent grant is performed on the basis of the agreement signed between the Azerbaijan Republic and foreign states.
9. The separate requisition is submitted for each achievement of selection.
10. If the application for receipt of the patent for achievement of selection is submitted by physical person, the request is signed by it and if the legal entity - the request is signed by the director and sealed. If the application is submitted by several persons, it is signed by these persons. Surnames, names, middle names of persons which signed the request shall be written down precisely.
11. For receipt of the patent the following documents are submitted:
the application for the grant of a patent on achievement of selection;
the questionnaire with the description and signs of achievement of selection;
receipt on payment of required duties;
the statement for acceptance on storage of models of selection achievements in the National genbank of the Azerbaijan Republic; genetic passport.
12. The statement on receipt of the patent for achievement of selection and all documents relating to it can be submitted in state language of the Azerbaijan Republic or other languages. If documents are submitted in other language, the translation of these documents on state language of the Azerbaijan Republic is enclosed to the application.
All documents necessary for receipt of the patent shall be printed on the machine, at the same time botanical terms are provided in Latin.
13. The following data concerning registration, use and protection of achievements of selection are published in the statement of the Agency:
the list of the requests for receipt of the patent accepted in the state register;
the list and the description of the achievements of selection which are again accepted in the state register;
the list of the achievements of selection excluded from the state register;
the list of achievements of selection which testing in the state sortoispytaniye is complete;
changes and amendments to technique of the state sortoispytaniye;
changes of names of achievements of selection;
recognition of the patent invalid and its cancellation;
issue of open and obligatory licenses.
14. The agency accepts requests for receipt of patents for achievements of selection within year. Requests on plants and silkworm are accepted within year in the following terms:
on winter grain crops, silkworm, the shelkovitsayena is later December 10;
on summer grain crops and leguminous (except rice), to potatoes, vegetable and melon cultures, one-year and long-term herbs (except sorghum), to beet and efiromaslichny plants - no later than November 15;
on tobacco - no later than December 1;
on corn, rice, cotton and sorghum - no later than December 15;
on fruit, berry, subtropical plants, grapes, tea, flower and decorative and forest plants - no later than December 25.
15. The name offered by the author and accepted by the Agency is appropriated to achievement of selection.
The name of achievement of selection, along with the fact that it allows to determine this achievement of selection shall differ from the existing names relating to similar botanical and zoological type, to be short, clear, not to consist only of figures. If the application for receipt of the patent for achievement of selection is submitted to other foreign states, the name of achievement of selection does not change. If the name of achievement of selection does not correspond to the above-stated conditions, the name appropriated according to the offer of the Agency is subject to replacement in a month.
16. Documents for receipt of the patent for achievement of selection are registered in the Agency, and in a month according to them primary expertize is carried out.
The applicant can make at the scheduled time additions, changes and amendments to documents.
In not introduction cases during primary examination because of the applicant in documents of necessary refining and non-presentation of missing documents the application is not considered, and the Agency notifies on it the applicant.
17. After conducting primary examination according to the request examination of achievement of selection on its novelty according to the instruction of the Ministry is performed.
In case of discrepancy of achievement of selection to novelty conditions it is removed from testing.
18. For patent grant, the achievement of selection which passed the examination, is tested according to the Instructions approved by the Ministry. The applicant shall provide gratuitously seeds, landing materials and veterinary inventories in necessary quantity and fixed terms for carrying out test experiences. The achievements of selection provided for receipt of the patent shall meet the following requirements:
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