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Home / RLA / Article 6. The name of the breeding achievement of the Law On the Protection of Breeding Achievements

Article 6. The name of the breeding achievement of the Law On the Protection of Breeding Achievements

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 6. The name of the breeding achievement of the Law On the Protection of Breeding Achievements

     1. The name of a breeding achievement should make it possible to identify the breeding achievement, be brief, and differ from the names of existing breeding achievements of the same or similar botanical or zoological species. It should not consist of only numbers, mislead about the properties, origin, meaning of the breeding achievement, the personality of the breeder, and should not contradict the principles of humanity and morality.  

     Verification of the correctness of the proposed name of a selection achievement is carried out by state commissions within two months from the date of receipt of the application materials from the expert organization.

     2. If an application for a breeding achievement for the same variety or breed is submitted to the Republic of Kazakhstan and other countries, the name of the same variety or breed must be the same, except in cases where the name of the variety or breed does not meet the requirements of paragraph 1 of this article.

     3. If the name of a variety or breed does not meet the requirements set out in paragraphs 1 and 2 of this Article, the applicant must, at the request of an expert organization, propose a new name within two months.  

     If, within the specified period, the applicant does not propose a new name that meets the specified requirements, or does not challenge the refusal to approve the name of the breeding achievement in the appeals board, the expert organization refuses to register the breeding achievement.

     4. Any person using a breeding achievement is obliged to indicate the name of the variety or breed under which they are registered in the State Registers of Breeding Achievements, even after the expiration of the patent.  

 

 

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

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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