RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 7, 2016 No. 918

About approval of criteria of prohibition of distribution of plant varieties in Ukraine

According to article 14 of the Law of Ukraine "About protection of the rights to plant varieties" the Cabinet of Ministers of Ukraine decides:

Approve criteria of prohibition of distribution of plant varieties in Ukraine which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2016 No. 918

Criteria of prohibition of distribution of plant varieties in Ukraine

1. Criteria of prohibition of distribution of plant varieties in Ukraine are:

discrepancy to conditions of difference, uniformity and stability;

dissatisfaction of requirement of society;

threat of life and to human health;

causing damage to plant and animal life, preserving the surrounding environment.

2. Discrepancy of plant varieties to conditions of difference, uniformity and stability is determined by the following criteria:

1) if the grade with manifestation of signs accurately does not differ from any other grade which is considered well-known (extended in certain territory in any state; it is represented by sample in public collection, data on manifestations of which signs became public in the world by their description in any publication; to which legal protection and/or which is entered in the official register of grades in any state is provided);

2) if taking into account features of its reproduction of plant of grade fully or partially lost similarity on the main signs given in the description of grade, or the quantity of atypical plants exceeds the established regulation for the corresponding botanical taxons;

3) if its main signs specified in the description of grade change after numerous reproduction or in case of special cycle of reproduction at the end of each such cycle.

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