Article 2. The basic concepts used in this Law of the Law on the Protection of Breeding Achievements

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The following basic concepts are used in this Law:

1) exclusive right is the proprietary right of the patent holder to use a selection achievement in any way at his discretion;

2) excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication);

3) breeding animal – a purebred animal conforming to the breed standard and registered in the Republican Chamber in accordance with the procedure established by the legislation of the Republic of Kazakhstan on breeding livestock;

4) breeding products (material) – breeding animals, as well as seeds, embryos, incubation eggs, day-old chicks, eggs, larvae and juveniles of fish, breeding queens of bees, breeding bee colonies and bee packages obtained from breeding animals;

5) The State Commission for the Variety Testing of Agricultural Crops is an organization under the jurisdiction of the authorized body in the field of the development of the agro-industrial complex, which carries out the examination and testing of plant varieties for patentability and economic usefulness.;

6) bulletin - the official periodical on the protection of breeding achievements;

7) license agreement - an agreement under which the patent holder (licensor) grants the other party (licensee) the right to temporarily use a selection achievement in a certain way.;

8) state commissions - the State Commission for Variety Testing of agricultural crops and the State Commission for Testing and Approbation of breeds of the authorized body in the field of development of the agro-industrial complex;

9) planting material - planting material of any kind, including reproductively and vegetatively propagating material (seeds, seedlings, plants and plant parts intended for their reproduction);

10) the applicant is a natural or legal person who has applied for a patent for a selection achievement.;

11) the patent holder is the owner of the patent;

12) patent attorneys are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, are granted the right to represent individuals and legal entities before an authorized body and an expert organization.;

13) breeding achievement – a new variety of plant, a new breed of animal (including additional branches of animal husbandry, such as animal husbandry, rabbit breeding, maral breeding, muliculture, reindeer husbandry, sheep breeding, poultry farming, beekeeping, fish farming, dog breeding), which are the result of intellectual creative human activity, for which a patent has been issued;

14) the author of a breeding achievement (breeder) (hereinafter referred to as the author) is an individual who created, identified or bred a variety, breed;

15) The State Register of Breeding Achievements is the State Register of the Republic of Kazakhstan of Protected Plant Varieties and the State Register of the Republic of Kazakhstan of Protected Animal Breeds, which include varieties and breeds for which patents have been issued;

16) The State Register of breeding achievements recommended for use is the State Register of the Republic of Kazakhstan of breeding achievements recommended for use, which includes varieties, breeds recommended for economic use in production;

17) variety is a group of agricultural plants within the framework of the lowest of the botanical taxa, which is determined by the degree of severity of the characteristics characterizing a given genotype or combination of genotypes, differs from other groups of agricultural plants of the same botanical taxon by one or more characteristics or the degree of severity of the characteristics and is stable. The protected categories of the variety are: clone, lineage, first-generation hybrid, population;

18) marketable animal - an animal used for the production of marketable products;

19) a breed is a group of farm animals of the same species of common origin, formed under the influence of human creative activity in certain economic and natural conditions, quantitatively sufficient for breeding "in itself" and possessing economic and breeding value supported by selection, selection, creation of technological conditions appropriate to their genotype, as well as a certain specificity in morphological, physiological and economically useful properties that distinguish it from other breeds of the same species. The protected breed categories are: type, cross, line;

20) The State Commission for Testing and Approbation of Breeds is an advisory body of the authorized body in the field of development of the agro-industrial complex, which carries out the examination of animal breeds for patentability and economic usefulness;

21) seeds - all botanical forms of seed material:

the actual seeds, fruits, copula, parts of complex fruits, bulbs and tubers;

22) excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V (effective six months after the date of its first official publication).

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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