Article 15. Liability for violation of the rights of the patent holder of the Law on the Protection of Breeding Achievements

Home / RLA / Article 15. Liability for violation of the rights of the patent holder of the Law on the Protection of Breeding Achievements

1. A natural or legal person who uses a plant variety or an animal breed in violation of this Law is considered guilty of violating the patent owner's right.

2. A natural or legal person is considered to violate the rights of the patent owner if:

1) discloses, without the permission of the patent owner, information constituting a commercial secret about the variety or breed for which the application has been filed;

2) assigns to the protected plant varieties and breeds of breeding animals produced and sold a name that differs from the registered one;

3) assigns to the protected plant varieties and breeds of breeding animals produced and sold a name confusingly similar to the name of the breeding achievement;

4) assigns to the produced and (or) sold seeds, breeding material the name of the breeding achievement, which in fact are not such;

5) submits documents containing false information about the breeding achievement.

3. A person who has violated the rights of the patent owner is obliged to pay compensation to the patent owner for the use of a selection achievement, as well as to compensate for other losses resulting from the violation of this Law in accordance with the legislation.

4. The holder of an exclusive or non-exclusive license may make claims against a patent infringer with the written permission of the patent owner or by his power of attorney.

5. A claim for damages is determined from the date of the damage and for the period of patent infringement.

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

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Republic of Kazakhstan

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