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Law No. 422-1 on protection of selection achievements.

Country/Territory
Kazakhstan
Document type
Legislation
Date
1999
Source
FAO, FAOLEX
Subject
Livestock, Cultivated plants
Keyword
Animal production Animal reproduction Breeders' rights/farmers' rights Intellectual property rights/patents Planting material/seeds Plant variety Basic legislation Plant production
Geographical area
Aral Sea, Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
The Law enters into force from the date of its official publication.
Abstract

The present Law determines legal, economic and organizational basis in the sphere of protection of selection achievements, regulates property and individual non-property relations originating from creation, exposure, breeding, legal protection and use of selection achievements (art. 1). Author of selection achievement (selectionist) is a natural person that has created, discovered or selected a new variety or breed (art. 2). Patent shall be issued for a selection achievement that is known for novelty, distinguishability, uniformity and stability (art. 4). Application for issuing patent shall be submitted by the author or by legal successor thereof to the authorized institution that is KAZPATENT. Application for patent shall be submitted for each single plant variety, animal breed and must contain application form and questionnaire of selection achievement (art. 5). If variety and breed do not correspond to the criterion of novelty the patent shall not be issued. Testing of variety and breed for distinguishability, uniformity and stability shall be carried out by the state commission in conformity with the established modalities. The applicant must supply the required quantity of seeds and pedigree materials for carrying out expertise (art. 10). The right of the author of selection achievement shall be considered inalienable personal right and shall be protected permanently (art. 12). The Law consists of 7 Sections composed of 29 articles.

Full text
Russian

References - Legislation

Amended by

Law No. 537-IV amending Law No. 422-1 on protection of selection achievements.

Legislation | Kazakhstan | 2012

Keyword: Breeders' rights/farmers' rights, Intellectual property rights/patents, Contract/agreement, Authorization/permit

Source: FAO, FAOLEX

Law No. 540-IV amending Law No. 278-1 on pedigree stockbreeding.

Legislation | Kazakhstan | 2012

Keyword: Animal reproduction, International trade, Certification

Source: FAO, FAOLEX