Article 7. Priority of the breeding achievement of the Law On the Protection of Breeding Achievements

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1. The priority of the variety or breed is established by the date of submission of the application to the expert organization.

If two or more patent applications for the same selection achievement are simultaneously received by an expert organization, priority is established by the earlier date of sending the application. If these applications have the same date of dispatch, a patent is issued for an application with an earlier registration number assigned by an expert organization, unless otherwise provided by agreement between the applicants.

The date of filing an application with an expert organization is the date of receipt of the documents specified in subitems 1) and 2) of the first part of paragraph 3 of Article 5 of this Law, and if the documents are submitted at the same time, the date of receipt of the last of them.

2. Priority may be established by the date of filing of the first application in the country party to the International Convention for the Protection of Breeding Achievements (convention priority). The applicant shall enjoy the right of convention priority of the first application within 12 months from the date of its filing.

An applicant wishing to exercise the right of convention priority must indicate the priority date of the first application in the application sent to the expert organization and, within three months from the date of filing the subsequent application, provide copies of the first application certified by the authority to which the application was submitted.

If these conditions are met, the applicant has the right not to submit additional documentation and the material required for testing for three years from the date of filing the first application.

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

President

Republic of Kazakhstan

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