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ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2015 No. 3-3/997

About approval of Rules of consideration of the request for conducting examination and testing for patentability

(as amended of the Order of the Minister of Agriculture of the Republic of Kazakhstan of 04.05.2020 No. 152)

According to Item 5 of article 5 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", PRIKAZYVAYU:

1. Approve the enclosed Rules of consideration of the request for conducting examination and testing for patentability.

2. To provide to department of production and conversion of animal production of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Minister

A. Mamytbekov

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of November 16, 2015 No. 3-3/997

Rules of consideration of the request for conducting examination and testing for patentability

Chapter 1. General provisions

1. These rules of consideration of the request for conducting examination and testing for patentability (further - Rules) are developed according to Item 5 of article 5 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements" (further - the Law) and determine procedure for consideration of the request for conducting examination and testing for patentability (new breeds of animals, including additional industries of livestock production, such as fur farming, rabbit breeding, maralovodstvo, mule husbandry, reindeer breeding, oslovodstvo, poultry farming, beekeeping, fish breeding, the dog breeding which are result of creative activities of the person).

2. In these rules the following basic concepts are used:

1) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;

2) patentability - compliance of framed breeds, intra pedigree (zone) and factory types, factory lines, families of animals, crosses of bird to criteria of novelty, distinguishability, uniformity and stability;

3) the expert organization - the organization created according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body in the field of protection of selection achievements;

4) selection achievement - new breed of animal (including additional industries of livestock production, such as fur farming, rabbit breeding, maralovodstvo, mule husbandry, reindeer breeding, oslovodstvo, poultry farming, beekeeping, fish breeding, dog breeding), being result of creative activities of the person on which the patent is granted;

5) authorized state body in the field of protection of selection achievements - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of protection of selection achievements;

6) the description - signs of selection achievement in livestock production which open the purposes of selection work and results characterizing economic and useful, biological, zooengineering, eksteryerno-konstitutsialny properties, conditions of keeping and feedings of animals, fitness to conditions of industrial production of products, methods of removal (creation), genealogical structure and cost efficiency (or real value) the selection achievement represented to approbation;

7) breed - the group of farm animals of one type of general origin which developed under the influence of creative activities of the person in certain economic and environment quantitatively sufficient for cultivation "in" and having the economic and breeding value maintained by selection, matching, creation of the technology conditions corresponding to their genotype, and also certain specificity in morphological, physiological and hozyaystvenno the useful properties distinguishing it from other breeds of one type. The protected categories of breed are: type, cross, line.

Chapter 2. Procedure for consideration of the request for conducting examination and testing for patentability

3. State commission on testing and approbation of breeds (further - State commission), is advisory advisory body of authorized body in the field of development of agro-industrial complex considering the copies of the request and the questionnaire of selection achievement directed by the expert organization.

4. State commission carries out:

1) check of correctness of the name of breed;

2) examination of breed on novelty;

3) testing of breed for distinguishability, uniformity and stability.

5. Check of correctness of the offered name of breed is performed by State commission in two-month time from receipt date of materials of the request from the expert organization.

6. In case of verification of the name of breed its compliance to the following requirements is determined: the name of breed shall allow to identify breed, to be short, to differ from names of the existing breeds of the same or close zoological type, shall not consist of one digits, mislead concerning properties, origin, value of breed, the identity of the selector, shall not contradict the principles of humanity and morals.

7. If the application for patent grant for the same breed is submitted to the Republic of Kazakhstan and to other countries, then the name of the same breed shall be identical, except as specified, when the name of breed does not meet the requirements of Item 7 of these rules.

8. State commission by results of check of correctness of the name of breed on compliance to the requirements specified in Items 7 and 8 of these rules sends to the expert organization in triplicate the conclusion about positive result of verification of the name of new selection achievement in livestock production in form according to appendix 1 to these rules or the conclusion about negative result of verification of the name of new selection achievement in livestock production in form according to appendix 2 to these rules.

9. If the name of breed does not meet the requirements specified in Items 7 and 8 of these rules, at the request of the expert organization the applicant in two-month time offers the new name of breed.

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