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Law “On legal protection of selection achievements”.

Country/Territory
Turkmenistan
Document type
Legislation
Date
2011
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Intellectual property rights/patents Plant variety Registration
Geographical area
Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the date of its official publication.
Abstract

This Law establishes legal, economic and organizational grounds related to selection achievements. The right to selection achievement shall be protected by this Law, other national legislative acts and shall be confirmed by patent (Art. 3). Patent shall be issued to selection achievement complying with criteria of protectability by plant variety and animal breed of species recorded in the State register of botanic and zoological species (Art. 9). The Act consists of 12 Sections divided into 54 articles: (1) general provisions; (2) state regulation in the sphere of legal protection of selection achievements; (3) protectability of selection achievements; (4) expertise of selection achievement; (5) registration of selection achievements; (6) authorship of selection achievements; (7) patent holder, his rights and duties; (8) invalidation, expiration and renewal of patents; (9) transfer of rights to patents; (10) protection of authors’, applicants’ and patent holders’ rights; (11) international cooperation; and (12) conclusive provisions. Patent applicant shall submit application containing the following data: (a) application containing complete personal data of the applicant; (b) description of variety or breed, containing registrability and protectability information related to variety or breed, and a set of photos; (c) payment slip attesting payment of fees; and (d) letter of authority if the application is filed by the representative of the applicant (Art. 13).

Full text
Russian
Website
www.turkmenistan.gov.tm