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Law No. 5605-1 on the protection of selection achievements.

Type of law
Legislation
Source

Keywords

Abstract
Rights in a selection achievement shall be protected by Law and shall be certified by a patent on a selection achievement. The patent shall certify the exclusive right of the patent owner to use the selection achievement. A selection achievement for which a patent has been granted by the State Commission shall be registered in the State Register of Protected Selection Achievements. The scope of the legal protection conferred by a patent on a selection achievement shall be determined by the sum of its essential characteristics as contained in the description of the selection achievement. The patent shall be granted where the selection achievement satisfies the criteria of protectability and relates to the botanical or zoological genera and species a list of which shall be determined by the State Commission subject to the international obligations of the Russian Federation. The said criteria shall be the following: a) novelty; b) distinctness; c) uniformity; d) stability. The exclusive right of the patent owner shall mean that any person who wishes to perform the following acts in respect of the seeds of the protected variety or breeding material of the protected breed shall be required to obtain a license from the patent owner: a) production or reproduction; b) conditioning for the purpose of propagation; c) offering for sale; d) selling or other marketing; e) exporting from the territory of the Russian Federation; f) importing into the territory of the Russian Federation; g) stocking for any of the afore-mentioned purposes. The Law consists of 8 Sections that contain 36 articles. Section 1 lays down the general provisions. Section 2 deals with the conditions of protectability of selection achievements and the procedure for filing and application for the grant of a patent. Section 3 establishes the examination of protectability of selection achievements. Section 4 regards the protection of selection achievements. Section 5 determines the use of selection achievements. Section 6 concerns the rights of an author of a selection achievement. Section 7 regards the regulation by the state of the creation and use of selection achievements. Section 8 deals with the international cooperation.
Date of text
Entry into force notes
The Law enters into force from the date of its official promulgation.
Notes
Reference number in the English version of the Act is unavailable.
Repealed
No
Source language

English

Legislation Amendment
No