On August 30, 1996 No. 270-I
About selection achievements
The purpose of this Law is regulation of the relations in the field of creation, legal protection and use of selection achievements.
In this Law the following basic concepts are applied:
breed - group of animals (including birds, insects, silkworm) or their hybrids which is determined by genetically caused biological and morphological properties and signs and some of them are specific to this group and distinguish it from other groups of animals. The protected objects of breed are the pedigree group, intra pedigree (zone) type, factory type, the factory line, family, partenoklona, lines, hybrids;
employer - the legal entity or physical person which was this task for creation of selection achievement and performing financing of this task;
the licensor - the patentee transferring the right to the licensee on use of selection achievement on the basis of the license agreement;
the licensee - the legal entity or physical person which acquired the right to use selection achievement from the licensor on the basis of the license agreement;
the grade - group of plants which is determined by the signs with firmness descended, characterizing this genotype or combination of genotypes and differs from other groups of plants of the same botanical taxon in one or several signs. The protected objects of grade are the clone, the line, hybrid of the first generation, population;
the patentee - the owner of the patent for selection achievement;
selection achievement - new plant variety, new breed of animals;
the applicant - the legal entity or physical person which submitted the application for patent grant for selection achievement.
The legislation on selection achievements consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about selection achievements then are applied rules of the international treaty.
The agency on intellectual property of the Republic of Uzbekistan (further - the Agency) provides realization of single state policy in the field of legal protection of selection achievements.
The agency performs acceptance and consideration of requests for patent grant on selection achievements (further - the request for patent grant), carries out on them formal expertize, keeps the State register of plant varieties and the State register of breeds of animals (further - the register), grants patents for selection achievements, performs the official publication of data on the application materials and the registered selection achievements protected in the Republic of Uzbekistan, accepts rules and makes explanations on application of the legislation on selection achievements.
The center for sortoispytaniye of crops under the Ministry of Agriculture of the Republic of Uzbekistan, Inspectorate for control of agro-industrial complex and ensuring food security under the Prosecutor General's Office of the Republic of Uzbekistan (further - the specialized organizations) carry out expertize on patentability of the declared selection achievements.
The author of selection achievement the physical person by which creative activity it is created is recognized the new plant variety or new breed of animals (is removed or revealed).
If several physical persons participated in creation of selection achievement, all of them are recognized his coauthors. The procedure for use of the rights belonging to coauthors is determined by the legislation and the agreement between them.
The copyright is inaliennable law of persons and is protected is termless.
The author (coauthors) has the right to be mentioned in the request for patent grant, in the patent and in all publications concerning selection achievement.
The patent for selection achievement is granted:
to the author (coauthors) of selection achievement or its heir (heirs);
to legal and (or) physical persons (on condition of their consent) which are specified by the author or his heir in the request for patent grant or in the application for the change of the applicant submitted to the Agency before registration of selection achievement;
to the employer in cases, the stipulated in Article 7 these Laws.
Selection achievement is considered created in line of duty if during its creation the author (coauthors):
carried out the obligations inherent in the position held by it;
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