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LAW OF UKRAINE

of November 16, 2022 No. 2763-IX

About modification of some legal acts of Ukraine concerning reduction of the legislation in the field of protection of the rights to plant varieties and seed farmings and rassadnichestvo in compliance with provisions of the European Union law

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to such legal acts of Ukraine:

1. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Item 3 parts one of Article 485 to exclude 1);

Items 1 and 2 of part one of Article 486 to state 2) in the following edition:

"1) author of plant variety, breed of animals, selector of plant variety, breed of animals;

2) other persons who acquired property rights of intellectual property on plant variety, breed of animals according to the transaction or the law";

Article 488 to state 3) in the following edition:

"Article 488. Effective period of property rights of intellectual property on plant variety, breed of animals

1. Property rights of intellectual property on the plant variety, breed of animals certified by the patent are valid from the date following date of their state registration on condition of maintenance of action of such rights according to the law.

2. Conditions of temporary power of property rights of intellectual property on plant variety, breed of animals to their introduction in force according to part one of this Article can be established by the law.

3. Effective period of exclusive property rights of intellectual property on breed of animals expires in the last day of the thirtieth year which is counted after year of state registration of such rights.

4. Effective period of exclusive property rights of intellectual property on plant variety is established by the law".

2. In the Law of Ukraine "About protection of the rights to plant varieties" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 23, the Art. 163):

Articles 1, of 3, 3-1, 5 to state 1) in the following edition:

"Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the author of grade - the physical person which directly removed invented or improved grade;

author's remuneration payment to the author of grade for conclusion, the invention or improvement of the grade paid in accordance with the terms of the agreement;

the database of grades - the automated information system which consists of system of the interconnected electronic resources and/or registers. Such system contains the data on grades, actions and the status determined by this Law according to the request for grade and provides technical capabilities for storage, provision of access to the available information and implementation of the procedure of state registration of grade and the rights to grade by means of electronic services;

the database of International union on protection of new plant varieties (by Union internationale pour la Protection des Obtentions Vegetales" (further - UPOV) - the information on requests for plant varieties provided by contracting parties of the Convention is also published on the official website of International union on protection of new plant varieties;

parent components - the plant varieties which are components of hybrid of the first generation (the inbredny line, hybrids) used for its removal or reproduction;

botanical taxon - the taxonomical category established for the isolated group of plants, related among themselves by community of signs, properties;

use of grade - implementation of one or more actions concerning seeds and/or landing material of grade:

production, reproduction and/or bringing to standard for the purpose of reproduction;

the offer to sale, sale and/or other commercial address;

export out of limits of customs area of Ukraine or import to customs area of Ukraine, and also storage for any of the specified purposes;

the contracting party of the Convention - the state or intergovernmental organization, joined the International convention on protection of new plant varieties, concluded on December 2, 1961 in Geneva, taking into account the changes made by Additional acts of November 10, 1972, on October 23, 1978 and on March 19, 1991;

state registration of the rights to grade - official recognition and the certificate by the state of the fact of origin, termination and in the cases established by the law, assignments of rights of intellectual property on grade by entering of the corresponding data into the State register of patents for plant varieties based on the decision of Competent authority on state registration of the rights to grade according to the procedure, established by this Law;

state registration of grade - official recognition and assurance by the state of the right to distribution of grade by entering of the corresponding data on grade into the State register of the plant varieties suitable for distribution in Ukraine, based on the decision of Competent authority on state registration of grade according to the procedure, established by this Law;

The state register of patents for plant varieties (further - the register of patents) - the official list of grades, property rights of intellectual property on which are certified by patents for grades, and the data from patents on such grades;

The state register of the plant varieties suitable for distribution in Ukraine (further - the Register of grades) - the official list of the grades suitable for distribution in Ukraine;

the expert opinion according to the request for grade (further - the expert opinion) - documentary drawn up results of qualification examination of grade for decision making about state registration of the rights to grade and/or state registration of grade or about refusal in state registration of the rights to grade and/or in state registration of grade;

the expert organization company, organization or the organization authorized by competent authority on accomplishment of separate powers in the field of protection of the rights to plant varieties according to this Law;

the applicant - the person who submitted the application for grade and/or acquired the applicant's rights in the procedure established by the law;

subject of the request for grade - plant variety on which the application is submitted;

official sample - the landing material provided for long-term storage, and also for the purpose of establishment of safety of characteristics of grade according to the procedure, established by competent authority;

official sources of information on requests for grade and plant varieties - the official publications, data published on websites of Authorized body and expert organization, the data published in the Register of requests, the Register of patents, the Register of grades, the Register of representatives concerning intellectual property on plant varieties;

the podderzhivatel of grade - person who without acquisition of rights of intellectual property grade ensures safety of grade by maintenance of the signs determined in case of state registration of grade and which extends the grade which is grade of public property or widespread grade or extends grade in other cases determined by this Law;

landing material - seeds or the landing material which is considered suitable for reproduction of whole plants;

the representative-person, acting for the benefit of the applicant and/or other subjects of the rights concerning grade for the purpose of accomplishment of any legal acts, the right on which making it acquired based on the transaction or the law;

The register of requests - the list of official data on requests for grade which is kept electronically;

The register of representatives concerning intellectual property on plant varieties (further - the Register of representatives) - the official listing of persons who act on behalf of authors of grade, selectors, applicants, owners of patents, owners of property right on distribution of grade, patrons of grade;

the selector - person who removed invented or improved grade; person who has or had employment or civil relations with person who removed, invented or improved grade (the employer, the customer) connected with removal, the invention or improvement of grade; person who is legal successor (heir) of specified persons;

plant variety (further - grade) - separate group of plants (clone, the line, hybrid of the first generation, population) within the lowest of the known botanical taxons (sort, type, version) irrespective of whether it meets conditions of emergence of legal protection which can be determined extent of manifestation of the signs which are result of activities of the corresponding genotype or combination of genotypes, to distinguish from any other group of plants expressiveness degree at least of one of the specified signs and to consider as a unit from the point of view of its suitability for reproduction in invariable type";

"Article 3. Law coverage

This Law is applied to grades of all childbirth and types of plants.

Regulations of this law concerning determination of suitability of grade for distribution in Ukraine, property right on distribution of grade in Ukraine are not applied to plant varieties which are used in the decorative purposes.

Article 3-1. Subjects of the rights of grade

Subjects of the rights concerning grade are:

1) author;

2) manufacturer;

3) the other persons who acquired the right to grade under the law or the transaction";

"Article 5. Rights of foreign persons and stateless persons

Foreign persons and stateless persons acquire the rights to grade and use protection of such rights according to this Law on an equal basis with citizens and legal entities of Ukraine, except the cases which are directly provided by this Law, other legal acts of Ukraine or international treaties of Ukraine";

2) in Article 6 part one:

to state the paragraph of the sixth in the following edition:

"determines procedure for maintaining the Register of requests, patents, the Register of grades, the Register of representatives";

after the paragraph of the sixth to add with the new paragraph of the following content:

"determines the size and payment procedure of charges for the actions connected with ensuring accomplishment of powers in the field of protection of the rights to plant varieties".

With respect thereto to consider the paragraph of the seventh the paragraph the eighth;

Paragraphs of the fourth and sixth part one of Article 7 to state 3) in the following edition:

"to consideration of the request for grade and conducting qualification examination of grade";

"observance of the rights provided by this Law";

Articles 8 and 9 to state 4) in the following edition:

"Article 8. Powers of the central executive body providing forming and realizing state policy in the field of protection of the rights to plant varieties (Competent authority)

1. Competent authority:

provides forming and realization of state policy in the field of protection of the rights to plant varieties;

provides development of scientific and material potential in the field of protection of the rights to plant varieties;

approves forming and accomplishment of the international scientific and technical programs and projects in the field of protection of the rights to plant varieties under joint intergovernmental, interdepartmental and other agreements;

promotes development of innovative activities in the field of strain investigation and protection of the rights to plant varieties;

provides the state order on conducting scientific and technical examination in the field of protection of the rights to plant varieties;

generalizes practice of application of the legislation on protection of the rights to plant varieties, develops offers on its enhancement;

provides acceptance and registration of requests for grades, their consideration, conducting qualification examination of grade and makes the decision on state registration of the rights to grade and/or state registration of grade or on refusal in state registration of the rights to grade and/or in state registration of grade;

provides establishment of priority according to the request, adoption of the name of grade, verification of data of the request and materials of the request;

performs state registration of the rights to grade and state registration of grade;

gives task to expert organization on accomplishment of separate expert actions for consideration of the request for grade and/or conducting qualification examination of grade;

provides forming and maintaining the database of grades;

authorizes the companies, organizations or the organizations on accomplishment of separate powers in the field of protection of the rights to plant varieties according to this Law;

grants patents for plant varieties, certificates on authorship to plant varieties, certificates on state registration of plant varieties;

provides maintaining the Register of requests, patents, the Register of grades, the Register of representatives;

will organize check of safety of grades;

provides publication of official data on requests for grades, about state registration of grade, about state registration of the rights to grades, about the granted patents for plant varieties, certificates on authorship to plant varieties, certificates on state registration of plant varieties;

provides release of the official publication about the grades suitable for distribution in Ukraine;

provides publication of official data on issue of permission (license) for use of grade and about state registration of transfer (alienation) of property rights of intellectual property on grade;

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