RESOLUTION OF THE STATE COMMITTEE ON SCIENCE AND TECHNOLOGIES OF THE REPUBLIC OF BELARUS

of February 5, 2015 No. 4

About approval of the Regulations on procedure for maintaining the State register of the protected plant varieties of the Republic of Belarus

Based on Item 1 of the resolution of Council of Ministers of the Republic of Belarus of August 12, 2014 "About questions of maintaining the State register of the protected plant varieties of the Republic of Belarus" the State committee on science and technologies of the Republic of Belarus DECIDES: No. 781

1. Approve the enclosed Regulations on procedure for maintaining the State register of the protected plant varieties of the Republic of Belarus.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the State committee on science and technologies of the Republic of Belarus of February 5, 2015 No. 4

Regulations on procedure for maintaining the State register of the protected plant varieties of the Republic of Belarus

1. This Provision determines procedure for maintaining the State register of the protected plant varieties of the Republic of Belarus (further - the State register).

2. The state register is kept for the purpose of ensuring single complex state accounting of the protected plant varieties and providing to interested persons complete and reliable information about them and represents set of the accounting data relating to registration of grade of plant.

3. The state register is kept on the basis of the principles:

completeness and reliability of the data containing in the State register;

timeliness of entering of data into the State register and changes in these data;

efficiency of providing data from the State register.

4. Maintaining the State register is performed by public institution "National center of intellectual property" (further - patent body) by entering into registration sheets of the State register of data on grade of plant and their changes.

5. The list of data on plant grade which are entered in the State register is determined by patent body taking into account recommendations of International union about protection of new plant varieties and standards of the International Organization for Standardization.

6. The data relating to registration of grade of plant (data on the patent) and also changes of these data are entered in the State register.

7. The bases for modification of the State register are:

decision of patent body;

the decision of Appeal council under patent body;

judgment;

written application of the patentee, his legal successors and (or) heirs.

8. Modification of the State register is performed in cases:

changes of the name and (or) surname, own name and middle name (if that is available) the patentee and (or) the author;

address modifications for correspondence, including changes of the addressee;

changes of the patentee as a result of reorganization of the legal entity, transition of exclusive right to the protected plant grade by inheritance;

changes of the name of grade of plant in cases, stipulated by the legislation;

annual maintenance in force of the patent for plant grade;

issues of the duplicate of the patent for grade of plant and (or) certificate of the selector;

registration of the contract of assignment of exclusive right for plant grade, and also changes in this agreement;

registration of the license agreement, and also changes in this agreement;

early termination of action of the patent for plant grade;

recognitions invalid patent for plant grade;

need of error correction for the data containing in the State register.

9. Applications for modification of the State register are considered in the terms established by the legislation on ministerial procedures.

10. In cases, stipulated by the legislation, entering into the State register of data on grade of plant and changes into these data is performed on condition of providing the document confirming payment of patent fee in the established size.

11. Maintaining the State register is performed on papers and with use of the automated directory systems.

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