Article 9. Temporary legal protection of a breeding achievement of the Law On the Protection of Breeding Achievements

Home / RLA / Article 9. Temporary legal protection of a breeding achievement of the Law On the Protection of Breeding Achievements

1. Temporary legal protection is granted to a breeding achievement claimed for protection from the date of publication of information about the application until the date of grant of the patent.

2. After obtaining a patent, the patent holder has the right to receive compensation from a person who has committed, without the permission of the applicant, during the period of temporary legal protection of a selection achievement, the actions specified in paragraph 1 of Article 14 of this Law.

3. During the period of temporary legal protection of a breeding achievement, the applicant is allowed to sell and otherwise transfer seeds or breeding material only for scientific purposes and in cases where the sale and other transfer are related to the assignment of the right to a breeding achievement or to the production of seeds or breeding material ordered by the applicant in order to create a stock.

In case of violation by the applicant or with his consent by another person of the specified requirements, temporary legal protection is considered to be non-expired.

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

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