Article 12. The rights of the author of a breeding achievement of the Law On the Protection of Breeding Achievements

Home / RLA / Article 12. The rights of the author of a breeding achievement of the Law On the Protection of Breeding Achievements

1. The personal non-property rights of the author are inalienable and are protected indefinitely.

2. The expert organization issues an official certificate confirming his authorship to the author of a breeding achievement entered in the State Register of Breeding Achievements, who is not the patent holder.

3. The author has the right to assign his name to his selection achievement.

4. The author has the right to receive remuneration from the patent holder for the use of a breeding achievement created, identified or bred by him during the term of the patent. The amount and terms of remuneration payment are determined by an agreement concluded between the patent holder and the author. In the absence of an agreement, the amount and procedure for payment of remuneration to the author are determined by legislative acts of the Republic of Kazakhstan.

At the same time, the amount of remuneration to the author should not be less than five percent of the annual income received by the patent holder for the use of a selection achievement, including proceeds from the sale of a license.

Remuneration is paid to the author within six months after the expiration of each year in which the selection achievement was used, unless otherwise provided by the author's contract with the patent holder.

If a selection achievement has been created, identified or bred by several authors, remuneration is paid to the authors in equal shares, unless otherwise established by agreement between them.

The Law of the Republic of Kazakhstan dated July 13, 1999 No. 422-I.

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