Article 17-1. The right to pre-use the Law On the Protection of Breeding Achievements

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1. A person who, prior to the priority date of a selection achievement, has used in good faith in the territory of the Republic of Kazakhstan a plant variety or animal breed created independently of the author or has made the necessary preparations for it, retains the right to its gratuitous use without expanding the scope of such use (the right to pre-use).

The right of pre-use may be transferred to another person only in conjunction with a production facility where an identical plant variety or animal breed has been used or the necessary preparations have been made for this.

2. A person who started using a selection achievement after the priority date, but before the date of publication of information on the grant of a patent, is obliged, at the request of the patent owner, to terminate further use. However, such a person is not obligated to compensate the patent owner for the losses incurred by him as a result of such use.

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

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