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LAW OF THE REPUBLIC OF ARMENIA

of December 22, 1999 No. ZR-23

About protection of selection achievements

(as amended on 22-12-2017)

Accepted by National Assembly of the Republic of Armenia on November 23, 1999

Chapter 1. General provisions

Article 1. Law purposes

This Law governs the property and personal non-property relations connected with creation, legal protection and use of selection achievements of breeds of animals.

Article 2. Legislation on protection of selection achievements

Legal relations in the field of protection and use of selection achievements are regulated by this Law, the Civil code of the Republic of Armenia and other legal acts of the Republic of Armenia. If international treaties of the Republic of Armenia establish other regulations, then these regulations are effective.

Article 3. The basic concepts used in the Law

In this Law the following basic concepts are used:

a) ceased to be valid

b) ceased to be valid

 - in crop production - plants which differs from the plant varieties removed in the artificial way or received by selection and existing in one or several economic signs,

- in livestock production - the breed of animals removed by the person and on genetic structure allocated with quantitatively sufficient features for its difference from animals of the same breed and for its reproduction in the form of one breed of animals, that is multiple group of the animals having general origin;

c) ceased to be valid

d) ceased to be valid

about 1.) breed of animal - group of animals which has genetically caused biological and morphological properties and signs, one or several of which are specific to this group and distinguish it from other groups of animals. Breed is represented men's and female individual of animals or breeding material. The protected categories of breed are the type and the line;

about 2.) breeding material - breeding animal, its gametes, zygotes (embryos);

about 3.) breeding animal - the animal intended for breed reproduction;

e) the protected selection achievement - the plants or breed of animal registered in the State register of the protected selection achievements (further - the State register);

e) obshcheizestny breed - the selection achievement having the exact description which received registration in the State register;

g) the applicant - the physical person or legal entity which submitted the application for receipt of the patent for selection achievement;

h) the author - physical person or group of physical persons as a result of which creative work were is removed breed;

i) the selector - the author of breed, his heirs, persons who are employers of the author of breed and their legal successors;

j) authorized body - the state authorized body performing patenting of selection achievement;

k) Appeal council - the commission created by authorized body which resolves the matters of argument connected with examination of selection achievements.

Article 4. Legal protection of selection achievements

1. The right to selection achievement is protected by the law and is confirmed by the patent for selection achievement. The form of the patent of selection achievement is established by the Government of the Republic of Armenia.

2. The patent certifies exclusive right of the patentee on use of selection achievement.

3. Selection achievement on which the patent is taken out is registered in the State register.

4. Effective period of the license is established 30 years.

Chapter 2. Conditions of legal protection of selection achievement and procedure for purchase of the patent

Article 5. Criteria of legal protection of selection achievement

Criteria of legal protection of selection achievement are:

1) novelty;

Breed are considered new if on the date of application for patenting the selector did not sell or did not transfer otherwise to other persons this breeding material of this breed for breed use:

a) in the territory of the Republic of Armenia - earlier than in one year prior to day of application for patenting;

b) in the territory of other state - earlier than in four years, about day of application for patenting;

2) distinctive features;

Selection achievement is considered having distinctive feature if at the time of application for patenting it obviously differs from well-known selection achievement;

3) uniformity;

Selection achievement is considered uniform if taking into account features of its reproduction, animals of this breed are rather uniform in the main signs;

4) stability;

Selection achievement is considered stable if its main signs remain invariable after repeated reproduction or, in case of special cycle of reproduction, at the end of each such cycle.

Article 6. Patent purchase

1. The selector submits the application for receipt of the patent for selection achievement to authorized body.

2. The application to the request is submitted in Armenian.

3. Other documents of the request can be submitted in other language. In this case the domestic applicant shall provide their translation into Armenian together with the request, and the foreign applicant - within two months from the date of application.

4. The request shall belong to one selection achievement.

5. The request for selection achievement shall contain:

a) the statement for receipt of the patent in which are specified the name of selection achievement, the applicant (applicants), the author (coauthors) and their residence or the location;

b) description of selection achievement.

6. Voided according to the Law of the Republic of Armenia of 17.10.2016 No. ZR-145

7. Requirements to document forms of the request for selection achievement, including the application form, the authorized body establishes.

8. The request can be submitted personally, by mail or electronically, by means of the official site of authorized body.

Article 7. Name of selection achievement

1. Selection achievement shall have the name which shall include origin.

2. The name shall allow to identify grade and breed, to exclude only digital expression, shall not raise doubts in questions of quality and origin of breed.

3. The name of breed is offered to authorized body by the selector. If it is found out that this name does not conform to requirements of Item 2, that the above-mentioned body refuses registration and requires that the selector within a month offered other name. The name of breed registers authorized body with simultaneous patent grant.

4. Earlier acquired third party rights are not considered.

5. Selection achievement is used only under the name registered in the State register.

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