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of November 29, 2022 No. 1334
About modification of procedure for issue of the compulsory license on use of plant variety
The Cabinet of Ministers of Ukraine decides:
Make changes to the Procedure for issue of the compulsory license on use of the plant variety approved by the resolution of the Cabinet of Ministers of Ukraine of January 29, 2003 No. 121 (The Official Bulletin of Ukraine, 2003, No. 6, of the Art. 50), having stated it in the enclosed edition.
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 29, 2003, No. 121
(in edition of the Resolution of the Cabinet of Ministers of Ukraine of November 29, 2022 No. 1334)
Procedure for issue of the compulsory license on use of plant variety
1. This Procedure determines the procedure of issue of the compulsory license on use of plant variety (further - the compulsory license).
2. In this Procedure terms are used in the value given in the Law of Ukraine "About protection of the rights to plant varieties".
3. Issue of the compulsory license is performed by Minagropolitiki.
The state fee is paid for issue of the compulsory license.
4. Minagropolitiki can issue for a period of up to four years (within patent effective period) the compulsory license to person determined by him because of extreme social necessity and on condition of warlike or emergency state with payment of the corresponding compensation to the owner of the patent. At the same time Minagropolitiki can demand from the owner of the patent to make on acceptable financial conditions available to the licensee material for reproduction of plant variety in the amounts sufficient for proper implementation of the rights granted by the compulsory license.
The compulsory license can be only non-exclusive, with scoping, uses of plant variety, effective period of permission, the size and payment procedure of remuneration to the owner of the patent.
Minagropolitiki's issue to the compulsory license can be appealed in court.
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