Law of the Republic of Tajikistan on selection achievements of agricultural crops (No. 118 of 1995).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act makes provision for the selection of plant varieties for crop improvement and related matters.
Its 33 articles are divided into 7 Chapters: The first Chapter contains general provisions relative to the identification of the selection achievement. This selection shall be protected by a patent if conditions of article 4 of Chapter II are met. Criteria are novelty, difference, homogeneity and stability. An application for a patent shall be made to the State Commission in accordance with article 5. Article 6 deals with priority of claims. Chapter III makes provision for the evaluation of the selection achievement by way ofa preliminary examination, and examination of the criteria for patenting. Chapter IV makes provision with respect to the protection of the selection achievement once a decision to grant a patent is taken and the patent is registered in the State Register of Selection Achievements. The patent shall be valid for 15 years from the date of registration, but for specified plants, including trees, the period of validity of the patent shall be twenty years (art. 12). Article 13 defines the rights of patent owner. Provisions of Chapter V regulate the use of selection achievements including licensing agreements, and a compulsory licence, which may imposed by the State Commission on application for interested parties under article 20. Remaining provisions of Chapter V concern rights of authors who are not a holder of a patent, recognition of a patent as void, cancellation of patents, etc. The last Chapter of this Act concerns international cooperation.
Its 33 articles are divided into 7 Chapters: The first Chapter contains general provisions relative to the identification of the selection achievement. This selection shall be protected by a patent if conditions of article 4 of Chapter II are met. Criteria are novelty, difference, homogeneity and stability. An application for a patent shall be made to the State Commission in accordance with article 5. Article 6 deals with priority of claims. Chapter III makes provision for the evaluation of the selection achievement by way ofa preliminary examination, and examination of the criteria for patenting. Chapter IV makes provision with respect to the protection of the selection achievement once a decision to grant a patent is taken and the patent is registered in the State Register of Selection Achievements. The patent shall be valid for 15 years from the date of registration, but for specified plants, including trees, the period of validity of the patent shall be twenty years (art. 12). Article 13 defines the rights of patent owner. Provisions of Chapter V regulate the use of selection achievements including licensing agreements, and a compulsory licence, which may imposed by the State Commission on application for interested parties under article 20. Remaining provisions of Chapter V concern rights of authors who are not a holder of a patent, recognition of a patent as void, cancellation of patents, etc. The last Chapter of this Act concerns international cooperation.
Attached files
Repealed
Yes
Serial Imprint
Photocopy, pp. 223-36.
Source language
English
Legislation Amendment
No
Original title
ЗАКОН РЕСПУБЛИКИ ТАДЖИКИСТАН "О СЕЛЕКЦИОННЫХ ДОСТИЖЕНИЯХ СЕЛЬСКОХОЗЯЙСТВЕННЫХ КУЛЬТУР"
Repealed by