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Plant Variety Patent Law (No. 3725-XII of 1995).

Country/Territory
Belarus
Document type
Legislation
Date
1995
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Plant variety Certification Breeders' rights/farmers' rights Basic legislation Plant production Intellectual property rights/patents
Geographical area
CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
This Law commenced on 1 July 1995.
Abstract

This Law concerns the protection of plant varieties in Belarus. Article 2 includes a list of definitions of terms used within the Act including " protected variety" that means a variety registered in the Official Register of Protected Varieties of the Republic of Belarus and "creator (breeder) of a variety" that means the person who, by his creative activity, bred the variety. A variety shall be granted legal protection where the variety is new, distinct, uniform and stable (art. 2). The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence, at the date of the filing of the application. The right to a variety is protected by the State and shall be attested by a plant variety patent issued by the State Patent Office. The plant patent shall produce its effects for 25 years following the date of registration of the variety in the Register of Protected Varieties (art. 3). There are detailed provisions relating to the rights and duties of owners of plant patents (art. 6). The performance of any legal acts in relation to plant patents shall be subject to the payment of plant patent fees and charges (art. 37).

Full text
English

References - Legislation

Implemented by

Regulation No. 93 on the modalities of filling in and submitting the application for obtaining plant variety patent.

Legislation | Belarus | 1996

Keyword: Intellectual property rights/patents, Crops/grasses, Plant variety

Source: FAO, FAOLEX

Ministerial Decree No. 526 on the arrangements for the implementation of Plant Variety Patent Law.

Legislation | Belarus | 1995

Keyword: Intellectual property rights/patents, Plant variety

Source: FAO, FAOLEX

Amended by

Law No. 291-Z amending Plant Variety Patent Law (No. 3725-XII of 1995).

Legislation | Belarus | 2004

Keyword: Intellectual property rights/patents, Planting material/seeds, Plant production

Source: FAO, FAOLEX