Article 18. Granting the right to use a selection achievement Chapter 5. The use of breeding achievements of the Law On the Protection of Breeding Achievements

Home / RLA / Article 18. Granting the right to use a selection achievement Chapter 5. The use of breeding achievements of the Law On the Protection of Breeding Achievements

1. Any person who is not a patent holder (licensee) has the right to use a protected selection achievement with the permission of the patent holder (licensor) on the basis of a license agreement, a comprehensive business license agreement, or another agreement with the licensor that includes the terms of the license agreement (license agreement).

2. A license agreement may provide for the licensor to grant the licensee the right to use a selection achievement.:

1) while retaining the licensor's ability to use it and the right to grant licenses to other persons (a simple, non-exclusive license);

2) with the licensor retaining the right to use it, but without the right to issue a license to other persons (the only license);

3) without the licensor retaining the right to use it and without the right to grant a license to other persons (exclusive license).

If the terms of use are not specified in the license agreement, the right to use a selection achievement is granted under the terms of a simple, non-exclusive license.

The licensee has the right to use the selection achievement throughout the territory of the Republic of Kazakhstan, unless otherwise provided in the license agreement.

The term of validity of the right to use a selection achievement is defined in the license agreement and may be extended by mutual agreement of the parties.

If the term is not specified in the license agreement, the validity period of the right to use the selection achievement is five years from the date of registration of this agreement.

The termination of the exclusive right to a selection achievement entails the termination of the license agreement.

The licensee has the right to transfer to another person (the sublicensee) the right to use a selection achievement on the basis of a sublicense agreement or a comprehensive business sublicense agreement, subject to the terms of the license agreement. The licensee is responsible to the licensor for the actions of the sublicensee, unless otherwise provided in the license agreement.

The transfer of the exclusive right to a selection achievement to another person does not entail the termination of the license agreement.

3. Agreements on granting the right to use breeding achievements and additional agreements are concluded in writing and are subject to registration in the State Register of Breeding Achievements.

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

President

Republic of Kazakhstan

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