Article 14. The rights and obligations of the patent holder of the Law on the Protection of Breeding Achievements

Home / RLA / Article 14. The rights and obligations of the patent holder of the Law on the Protection of Breeding Achievements

1. The patent holder has the exclusive right to use a selection achievement if such use does not violate the rights of other patent holders. The permission of the patent holder is required for the following actions in relation to the selection achievement:

1) production or reproduction (reproduction);

2) bringing seeds to seed conditions for propagation purposes;

3) offer for sale;

4) sale or other types of sales;

5) export from the territory of the Republic of Kazakhstan;

6) importation into the territory of the Republic of Kazakhstan;

7) Storage for the above purposes.

2. The right of the patent holder also applies to plant material, commercial animals that were produced from seeds, from breeding animals introduced into civil circulation without the permission of the patent holder.

3. The provisions of paragraph 1 of this Article shall apply to seeds of a variety and breeding material of a breed of breeding achievements that:

1) substantially inherit the characteristics of breeding achievements, if these breeding achievements themselves have not inherited the characteristics of another breeding achievement;

2) are not clearly different from the breeding achievement;

3) (excluded)

4) the reproduction of which requires repeated use of the breeding achievement.

A breeding achievement that substantially inherits the characteristics of another (original) breeding achievement is recognized as a breeding achievement that, if clearly different from the original:

1) inherits the most essential features of the original breeding achievement or breeding achievement, which itself inherits the essential features of the original breeding achievement, while retaining the main features reflecting the genotype or combination of genotypes of the original breeding achievement;

2) corresponds to the genotype or combination of genotypes of the original breeding achievement, with the exception of deviations caused by the use of methods such as individual selection from the original variety, breed, selection of an induced or somaclonal mutant, backcrossing and genetic engineering.

4. (excluded)

5. The patent holder is obliged to:

1) to introduce into civil circulation a variety, breed, recommended for use in production;

2) to maintain the variety or breed during the period of validity of the patent for the preservation of the features specified in the official description established by the state commission for the protection of the variety or breed;

3) make an annual payment for the maintenance of the patent.

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

President

Republic of Kazakhstan

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