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

Country/Territory
Russian Federation
Document type
Legislation
Date
1993
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Basic legislation Plant variety Planting material/seeds Breeders' rights/farmers' rights Intellectual property rights/patents Plant production
Geographical area
Arctic, Asia and the Pacific, Black Sea, Caspian Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia, North Pacific, North-West Pacific
Entry into force notes
The Law enters into force from the date of its official promulgation.
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.

Full text
Russian/English
Website
www.aris.ru

References - Legislation

Implemented by

Ministerial Decree No. 918 implementing the Law on the protection of selection achievements.

Legislation | Russian Federation | 1994

Keyword: Animal production, Breeders' rights/farmers' rights, Intellectual property rights/patents, Royalties/fees, Cereals/grains/rice, Crops/grasses, Agricultural commodities

Source: FAO, FAOLEX

Order No. 288 of the Ministry of Agriculture and Food implementing the Law on the protection of selection achievements.

Legislation | Russian Federation | 1994

Keyword: Certification, Legal proceedings/administrative proceedings, Registration, Animal production, Breeders' rights/farmers' rights, Intellectual property rights/patents, Plant variety, Planting material/seeds, Plant production

Source: FAO, FAOLEX

Decree of the Supreme Soviet of the RSFSR No. 5606 - 1 regarding carrying into force Law No. 5605 - 1 of the RSFSR on the protection of selection achievements.

Legislation | Russian Federation | 1993

Keyword: Plant variety, Planting material/seeds, Breeders' rights/farmers' rights, Intellectual property rights/patents, Plant production

Source: FAO, FAOLEX

Instructions No.2-01/3 of 1994 on the modalities of compilation and forwarding the application form for obtaining patent on selection achievements.

Legislation | Russian Federation | 1994

Keyword: Plant protection, Fruits/edible nuts, Crops/grasses, Plant variety

Source: FAO, FAOLEX

Regulation on State Commission of the Russian Federation on testing and protection the selection achievements validated by the Ministerial Decree No. 390.

Legislation | Russian Federation | 1994

Keyword: Institution, Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents

Source: FAO, FAOLEX