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Turkmenistan law on legal Protection of Breeding Achievements

This Law defines the legal, economic and organizational foundations of activities in the field of protection of breeding achievements, regulates property, as well as related personal non-property relations arising in connection with the creation, identification, breeding, protection and use of breeding achievements

(Entered into force on 13 August 2011)

Chapter I. GENERAL PROVISIONS

ARTICLE 1. Basic concepts

The following basic concepts are used in this Law:

breeding achievement - a new plant variety, a new breed of animal (their lines, types and crosses) registered in the State Register of Breeding Achievements;

variety - a group of plants, which is determined by the traits that characterize a given genotype or combination of genotypes, and differs from other groups of plants of the same botanical taxon by one or more traits;

breed - a group of animals that has genetically determined biological and morphological properties, traits that are specific to this group and distinguish it from other groups of animals. The breed can be represented by female and male individuals or breeding material;

breeder - a person who, through creative work, has developed or identified and improved a selection achievement; seed and planting material - seeds, seedlings, bulbs and other parts of plants intended for reproduction of the variety; breeding animal - an animal intended for the reproduction of a breed;

breeding material - a breeding animal, its gametes or zygotes (embryos);

applicant - a natural or legal person who has filed an application for a patent for a breeding achievement;

patentee - a person who has the exclusive right to a breeding achievement protected by a patent.

Article 2. Legislation of Turkmenistan in the field of legal protection of breeding achievements

1. Legislation of Turkmenistan in the field of legal protection of breeding achievements is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan regulating issues of legal protection of breeding achievements.

2. If an international treaty of Turkmenistan establishes rules other than those provided for by this Law, then the rules of the international treaty shall apply.

Article 3. Legal protection of breeding achievements

1. The right to a breeding achievement is protected by this Law, other legislative acts of Turkmenistan and is confirmed by a patent for a breeding achievement (hereinafter referred to as a patent). The patent certifies the exclusive right of the patent holder to use the selection achievement, the authorship of the breeder and the priority of the selection achievement. The scope of protection of a breeding achievement for which a patent has been issued is determined by the totality of essential characteristics recorded in the official description of the breeding achievement in the State Register of Breeding Achievements.

2. The period of validity of a patent is calculated from the date of registration of the selection achievement in the State Register of Selection Achievements and is: 30 years - for varieties of grapes, tree ornamental, fruit crops and forest species, including their rootstocks; 25 years - for plant varieties of other species; 30 years old - for the breed of an animal.

Chapter II. STATE REGULATION IN THE FIELD OF LEGAL PROTECTION OF BREEDING ACHIEVEMENTS

ARTICLE 4. State regulatory bodies

State regulation in the field of legal protection of breeding achievements is carried out by the Cabinet of Ministers of Turkmenistan, the authorized state body for the issuance of patents for plant varieties and animal breeds, the authorized state body for varieties and testing and the authorized state body for testing animal breeds in accordance with the procedure established by the legislation of Turkmenistan.

Article 5. Competence of the Cabinet of Ministers of Turkmenistan in the field of legal protection of breeding achievements

Cabinet of Ministers of Turkmenistan: ensures the implementation of the Constitution of Turkmenistan, this Law, acts of the President of Turkmenistan and resolutions of the Cabinet of Ministers of Turkmenistan, international treaties of Turkmenistan regulating relations in the field of legal protection of breeding achievements; implements the state policy in the field of protection of selection achievements;

approves the State list of botanical and zoological genera and species of plant varieties and animal breeds, which are subject to the legal protection of breeding achievements;

supplements and excludes genera and species from the State list of botanical and zoological genera and species of plant varieties and animal breeds at the suggestions of the authorized state body for the issuance of patents for plant varieties and animal breeds; ensures international cooperation in the field of protection of breeding achievements;

decides other issues attributed to its competence by the legislation of Turkmenistan.

Article 6. Competence of the authorized state body for the issuance of patents for plant varieties and animal breeds

The authorized state body for the issuance of patents for plant varieties and animal breeds: accepts for consideration applications for the grant of patents for breeding achievements;

conducts a preliminary examination of applications for the grant of patents; makes a decision to issue a patent or refuse to issue it based on the results of an examination for novelty, as well as tests for distinctness, uniformity and stability received from the authorized state body for variety testing and the authorized state body for testing animal breeds; carries out state registration of breeding achievements in the State Register of Breeding Achievements;

ensures the publication of official information concerning the protection of breeding achievements;

issues patents for breeding achievements; exercises control over the maintenance of patents for breeding achievements;

performs other functions assigned to its competence by the legislation of Turkmenistan.

Article 7. Competence of the authorized state body for variety testing and the authorized state body for testing animal breeds

The authorized state body for variety testing and the authorized state body for testing animal breeds: test for distinctness, uniformity and stability;

issue conclusions on the results of testing, respectively, plant varieties and animal breeds; perform other functions attributed to their competence by the legislation of Turkmenistan.

Article 8. Representation Legal entities and individuals have the right to conduct business with the authorized state body for the issuance of patents for plant varieties and animal breeds directly through representatives or patent attorneys, except for the cases provided for in part two of Article 51 of this Law.

The powers of a representative or patent attorney are certified by a power of attorney.

Chapter III. PROTECTION OF SELECTION ACHIEVEMENT

ARTICLE 9. Conditions of Protectability of a Breeding Achievement

1. A patent is issued for a selection achievement that meets the criteria for protection and the genus and species of plant varieties and animal breeds included in the State List of botanical and zoological genera and species of plant varieties and animal breeds. The criteria for the protection of a selection achievement are novelty, distinctness, uniformity and stability.

2. A breeding achievement is considered new if, on the date of filing an application for the grant of a patent, the seed and planting material or breeding material of this breeding achievement were not sold or otherwise transferred to other persons by the breeder, his assignee or, with their consent, for the use of the breeding achievement: on the territory of Turkmenistan - earlier than one year before this date; on the territory of another state:

a) earlier than four years before the specified date,

b) earlier than six years, if it concerns grapes, woody, ornamental, fruit crops and forest species.

3. A selection achievement is considered distinct if it clearly differs from any other generally known selection achievement that existed at the date of filing of the application. A well-known selection achievement is a selection achievement that is in official catalogs, a reference fund or has an accurate description in one of the publications or is included in the State Register of Selection Achievements. A breeding achievement is considered to be generally known from the filing date of an application in any country, provided that a patent or other similar form of protection is granted under that application.

4. A breeding achievement is considered homogeneous if, taking into account the characteristics of reproduction, plants and animals are sufficiently similar in their essential characteristics.

5. A breeding achievement is considered stable if its basic characteristics remain unchanged after repeated breeding or, in the case of a special breeding cycle, at the end of each breeding cycle.

Article 10. Name of the selection achievement

1. A selection achievement must have a name indicating its generic affiliation. The name of a breeding achievement should make it possible to identify the breeding achievement, be brief, and differ from the names of existing breeding achievements of the same or similar botanical or zoological genus. It should not consist only of numbers, mislead about the properties, origin, value of the selection achievement, the personality of the breeder, and contradict the principles of public morality.

2. The name of the selection achievement is proposed by the applicant for a patent in the authorized state body for the issuance of patents for plant varieties and animal breeds. If the name of the selection achievement does not meet the requirements of this article, the applicant is obliged to change it within the established time frame. The name of the selection achievement may be changed at the initiative of the applicant, subject to the conditions established by the authorized state body for the issuance of patents for plant varieties and animal breeds.

3. Any person using a selection achievement must apply the name under which it is registered in Turkmenistan in the State Register of Selection Achievements. When a selection achievement is offered for sale or introduced into commercial circulation, it is permitted to use its registered name in combination with a trademark, commercial name or other similar designation. In the case of such a combination, the name of the selection achievement must nevertheless be easily recognizable.

Article 11. Persons who have the right to file an application for the grant of a patent for a breeding achievement

1. The right to file an application for the grant of a patent for a selection achievement (hereinafter referred to as the application) has the breeder, employer or their legal successor (hereinafter referred to as the applicant). If a selection achievement is created by several persons jointly, then they are granted the right to jointly submit an application.

2. The application can be filed through a proxy (representative), who, according to the power of attorney, handles cases related to obtaining a patent.

3. Employees of the authorized state body for the issuance of patents for plant varieties and animal breeds, as well as the authorized state body for variety testing and the authorized state body for testing animal breeds during the entire period of work in these institutions are not entitled to apply for a patent for a breeding achievement or act as a representative.

Article 12. Breeding achievement created in service

1. A selection achievement is considered to have been created in the service order if, when creating it, the breeder performed:

1) the duties inherent in the position held by him;

2) a task specially assigned to him in order to create a selection achievement.

2. The right to file an application for a breeding achievement created in an official manner shall belong to the employer, unless otherwise provided by the agreement between the breeder and the employer.

If the employer, within four months from the date of notification by his breeder of the created selection achievement, does not file an application with the authorized state body for the grant of patents for plant varieties and animal breeds, then the breeder has the right to file an application and receive a patent in his own name. In this case, the employer has the right to priority use of the selection achievement in its own production with payment to the patent holder of compensation determined on a contractual basis.

3. A selection achievement created, derived or identified by an employee using the financial, technical and other material resources of the employer, but not in the course of fulfilling his job duties or a specific task of the employer, is not an official achievement. The right to obtain a patent and the exclusive right to such a breeding achievement belong to the employee.

In this case, the employer has the right, at his choice, to demand the provision of a free simple (non-exclusive) license to use the selection achievement for his own needs for the entire duration of the exclusive right to the selection achievement or compensation from the employee of expenses incurred by the employer in connection with the creation, removal or identification of such a breeding achievement.

Article 13. Filing an application for the grant of a patent

1. An application for a patent is submitted to the authorized state body for the grant of patents for plant varieties and animal breeds, the date of receipt of which is the filing date of the application. An application for the grant of a patent must relate to one breeding achievement.

2. An application for the grant of a patent must contain:

1) an application for the grant of a patent for a breeding achievement with an indication of the author (co-authors) and the person (s) in whose name (s) the patent is requested, as well as his (their) place of residence or location;

2) a description of the variety or breed.

3. The following documents are attached to the application:

1) a questionnaire of a variety (breed);

2) a set of photos of the variety (breed);

3) a document confirming payment of the fee for filing an application in the established amount or confirming the grounds for exemption from payment of the fee or reduction of its amount;

4) power of attorney, if the application is submitted by the representative of the applicant.

4. The documents attached to the application must be submitted to the authorized state body for the grant of patents for plant varieties and animal breeds within three months from the date of receipt of the application.

If the aforementioned documents are not submitted within three months from the date of filing the application, the established period may be extended at the request of the applicant for an additional three months, subject to payment of the appropriate fee.

If the above documents are not submitted within the established and additional terms, the application is recognized as withdrawn.

5. An application for the grant of a patent shall be submitted in the state language of Turkmenistan. Other application documents may be submitted in another language with their translation attached. Documents submitted in a different language are considered filed on the date of filing an application with the authorized state body for the grant of patents for plant varieties and animal breeds, if their translation was received within three months from the date of filing the application.

If the said translation is not submitted within three months from the date of filing the application, the established period may be extended at the request of the applicant for an additional three months, subject to payment of the appropriate fee. If the translation is not submitted within the established and additional terms, the application is recognized as withdrawn.

6. A certified copy of the first application and its translation into the state language, which are submitted no later than four months from the date of filing the application to the authorized state body for the issuance of patents for plant varieties and animal breeds, are additionally attached to the application with the claim of the priority right.

7. The applicant is responsible for the accuracy of the information specified in the application materials. The applicant has the right to withdraw the application for the grant of a patent at any time before the date of the decision on its grant or on the refusal to grant it.

8. Requirements for an application for the grant of a patent and the documents attached to it are established by the authorized state body for the issuance of patents for plant varieties and animal breeds.

Article 14. Priority of a breeding achievement

The priority of a selection achievement is established by the date of filing an application with the authorized state body for the grant of patents for plant varieties and animal breeds. The priority of a selection achievement may be established by the date of filing the first application in a foreign state, if the application was received by the authorized state body for the grant of patents for plant varieties and animal breeds within twelve months from that date.

If, due to circumstances beyond the control of the applicant, the application for claiming priority could not be filed within the specified time period, the latter may be extended for no more than three months. The establishment of priority must be declared when filing an application or within three months from the date of filing an application with the authorized state body for the issuance of patents for plant varieties and animal breeds.

A certified copy of the first application, as well as samples and (or) other evidence of the identity of the selection achievements that are the subject of both applications, shall be submitted no later than four months from the date of receipt of the application by the authorized state body for the grant of patents for plant varieties and animal breeds.

If it is established that identical breeding achievements have the same priority date, then the patent is issued on the basis of which the earlier date of its sending to the authorized state body for granting patents for plant varieties and animal breeds is proved, and if these dates coincide - by an application with an earlier registration number with this authority.

Chapter IV. EXPERTISE OF SELECTION ACHIEVEMENT

Article 15. Examination of the Application

The examination of the application includes preliminary examination, examination for novelty, as well as testing of the claimed selection achievement for distinctness, uniformity and stability.

Article 16. Preliminary examination of the application

1. The preliminary examination of the application is carried out within a month after the expiration of three months from the date of its submission to the authorized state body for the issuance of patents for plant varieties and animal breeds in the presence of the documents provided for in Article 13 of this Law.

During the period of the preliminary examination, the applicant has the right, on his own initiative, to supplement, clarify or correct the application materials without changing the essential features of the declared selection achievement.

2. Preliminary examination includes checking:

compliance of the declared selection achievement with the approved State list of botanical and zoological genera and species of plant varieties and animal breeds;

belonging of application materials to one selection achievement; availability of the necessary documents and compliance with the established requirements for them;

compliance with the requirements for the name of the selection achievement;

observance of the legality and order of claiming priority. If the application meets the requirements of the preliminary examination, the applicant is sent a notice of acceptance of the application for consideration, indicating the established date of its filing and the application number.

In case of inconsistency of the declared selection achievement with the approved State List of Botanical and Zoological Genera and Species of Plant Varieties and Animal Breeds or the absence of documents provided for in Article 13 of this Law, the applicant shall be notified of the refusal to accept the application for consideration.

3. For an application that is executed in violation of the requirements for the documents attached to it, the applicant is sent a request with a proposal to submit corrected or missing documents within three months from the date of its sending. The established three-month period, at the request of the applicant, can be extended by six months.

If the applicant does not submit the requested documents or an application for its extension within the established three-month period, a notice of the expiration of the established period is sent to the applicant. The deadline for the submission of the requested documents can be restored at the request of the applicant.

A petition for the restoration of the missed time limit with the requested documents must be submitted by the applicant no later than six months from the date of expiry of the established time period. In case of failure to submit an application for the restoration of the term within six months, the application is recognized as withdrawn, of which the applicant is notified.

In case of disagreement with the decision of the preliminary examination, the applicant has the right, within three months from the date of sending the decision, to file an objection to the appeal commission of the authorized state body for the grant of patents for plant varieties and animal breeds.

Article 17. Publication of the application

1. The authorized state body for the issuance of patents for plant varieties and animal breeds, within six months, starting from the date of completion of the formal examination of the application with a positive result, publishes information about the application in the official bulletin.

The composition of published information is determined by the authorized state body for the issuance of patents for plant varieties and animal breeds. After the publication of information about the application, any person has the right to familiarize himself with its materials.

2. The publication of information about the application is not made if the application was withdrawn before the expiration of the publication period.

3. The author of a selection achievement may refuse to be mentioned as such in the published information about the application, if he is not an applicant.

Article 18. Temporary legal protection.

1. Temporary legal protection is granted to the declared selection achievement from the date of publication of information about the application until the date of registration of the selection achievement in the State Register of Selection Achievements.

2. For the period of temporary legal protection, the patent holder's right shall extend to the applicant in accordance with parts two and three of Article 28 of this Law.

3. Temporary legal protection shall be deemed not to have occurred if a decision has been made on the application to refuse to grant a patent.

4. A person using the claimed selection achievement during the period of its temporary legal protection is obliged, at the request of the patent owner, to pay the latter, after receiving the patent, monetary compensation, the amount of which is determined by agreement with the patent owner. If no agreement has been reached between the parties, the amount, terms and procedure for payment of compensation are determined by the court.

These measures apply only to persons whom the applicant has notified of the filing of the application.

Article 19. Examination of selection achievement for novelty

1. The examination of the declared breeding achievement on novelty is carried out by an authorized state body for the issuance of patents on the varieties of plants and the breed of animals. Any interested party for six months from the date of publication of information about the application has the right to submit a claim to this authority regarding the novelty of the declared selection achievement.

The applicant is notified of the receipt of the claim. In disagreement with the claim, the applicant has the right to submit a motivated objection to the authorized state body for issuing patents on the varieties of plants and the breed of animals.

According to the results of the examination, the authorized state body for issuing patents on the varieties of plants and the breed of animals makes a conclusion about the conformity or inconsistency of the declared selection achievement of the novelty criterion, which is reported to the applicant and the person who has submitted a claim.

2. If the declared selection achievement does not comply with the novelty criterion, the authorized state body for issuing patents on the varieties of plants and the breed of animals makes a decision on refusal to issue a patent.

3. With the positive results of the examination of the selection achievement on the novelty, the authorized state body for the issuance of patents on the varieties of plants and the breed of animals directs the applicant the appropriate notification in which the date of the direction proposes on the twelve month from the date:

- to present the results of testing the selection achievements carried out according to the authorized state body for varieties or an authorized state body of animal breed testing or by the competent authorities of other states;

or - Submit a petition for testing selection achievements to distinctness, homogeneity and stability and pay the established duty.

4. If the applicant in the established twelve month did not provide the required materials or did not file a petition for the extension of the established period, or did not submit a petition for testing, the application is considered to be withdrawn. The installed twelve-month term at the applicant's petition can be extended no more than six months.

Article 20. Tests of selection achievement for distinctness, homogeneity and stability

1. Tests of the declared selection achievement for distinctness, homogeneity and stability are carried out according to the authorized state body for varieties or an authorized state body for testing animal breeds at the petition of the breeder or its employer.

Tests of selection achievements are carried out according to the adopted standard methods and within the time limits set by these bodies.

The applicant is obliged to submit to test the necessary amount of seed, planting or tribal material.

2. According to the results of the tests, respectively, the authorized state body for varieties or the authorized state body for the tests of animal breeds makes a conclusion about the distinctness, homogeneity and stability of the claimed selection achievement, which is sent to the authorized state body for the issuance of patents on plant varieties and the animal breed.

3. The authorized state body for varieties or an authorized state body testing animal breeds in preparation of the conclusion is entitled to use the test results conducted by other competent organizations of Turkmenistan or the competent organizations of foreign countries, as well as the data submitted by the applicant himself.

Article 21. Rendering the decision of the expert examination

1. The authorized state body for the issuance of patents for plant varieties and animal breeds on the basis of the test results in accordance with part two of Article 20 or the opinion submitted by the applicant in accordance with part three of Article 20, no later than three months from the date of receipt of the above documents, shall consider the application for compliance with the breeding achievement of the criteria of protectability.

2. If a selection achievement meets the criteria of protectability and its name complies with the established requirements, the authorized state body for the grant of patents for plant varieties and animal breeds shall make a decision on the grant of a patent. The decision with the attached description of the selection achievement is sent to the applicant.

3. If a selection achievement does not meet the criteria for protection, the authorized state body for the grant of patents for plant varieties and animal breeds shall make a reasoned decision to refuse to issue a patent, which is sent to the applicant.

Article 22. Appealing against the decision of the expert examination

1. In case of disagreement with the examination decision made at any stage of the application consideration, the applicant has the right, within three months from the date of sending the decision, to file an objection to the appeal commission of the authorized state body for the grant of patents for plant varieties and animal breeds (hereinafter - the Appeal Commission).

The objection must be considered by the Appeal Commission within four months from the date of its receipt. The applicant has the right, personally or through his representative, to participate in the consideration of the objection.

2. The appeal of the decisions of the examination is carried out in accordance with the procedure approved by the authorized state body for the issuance of patents for plant varieties and animal breeds.

Chapter V. REGISTRATION OF A SELECTION ACHIEVEMENT AND ISSUANCE OF A PATENT

Article 23. Procedure for registration of a breeding achievement and issuance of a patent

1. A selection achievement shall be registered by the authorized state body for the grant of patents for plant varieties and animal breeds in the State Register of Protected Selection Achievements within two months from the date of receipt of the document confirming payment of the fee for registration and issuance of a patent.

A document confirming the payment of the fee for registration of a selection achievement must be submitted by the applicant within three months from the date of sending the decision on the grant of a patent. In the event of a delay in payment of the fee, the applicant is granted a grace period of six months from the date of expiry of the established three-month period, and subject to the payment of the corresponding fee.

If the document on payment of the fee is not submitted within the established and grace period, the application is considered withdrawn, of which the applicant is notified.

2. For a registered selection achievement, the authorized state body for the grant of patents for plant varieties and animal breeds shall issue a patent to the person in whose name it was requested. If there are several persons in whose name a patent was applied for, it is issued to the applicant who was indicated first in the application.

3. The information about the patent may be amended due to changes in the information about the patent holder, and other changes related to the information about the patent.

4. The list of information entered into the State Register of Protected Breeding Achievements, the form of the patent and the composition of the information indicated in it are established by the authorized state body for the issuance of patents for plant varieties and animal breeds.

5. After obtaining a patent, the patent holder is obliged, upon the request of the authorized state body for the issuance of patents for plant varieties and animal breeds, to send the required amount of seed or breeding material for deposit.

Article 24. Publication of information about a patent

1. The authorized state body for the issuance of patents for plant varieties and animal breeds, within six months from the date of registration of a selection achievement in the State Register of Protected Selection Achievements, shall publish information on the grant of a patent and an official description of the selection achievement in the official bulletin. The composition of the published information is determined by the authorized state body for the issuance of patents for plant varieties and animal breeds.

2. The author of the selection achievement has the right to refuse to be mentioned as such in the published information about the patent, if he is not the patent owner. 3. The authorized state body for the issuance of patents for plant varieties and animal breeds shall publish in the bulletin all subsequent changes made to the State Register of Protected Breeding Achievements concerning: - patent holder; - registered agreements on the assignment of rights and licensing agreements; - termination or restoration of the patent; - recognition of the patent as invalid; - revocation of the patent; - other information related to the breeding achievement.

Article 25. Fees

1. For the commission of legally significant actions related to the filing of an application, examination, testing, the issuance of a patent and its maintenance, as well as for other procedures, the fees established by the relevant Regulation on Fees are charged. The Regulation on Fees and the attached List of Actions for the Commission of which the Fees are levied, indicating their amounts, terms and procedure for payment, are approved by the Cabinet of Ministers of Turkmenistan.

2. The patentee is obliged to pay annual fees for maintaining the patent in force. Annual fees are paid no later than the end of the first month of the year of validity of the patent for which the fee is paid. The fee is paid for the full year of the patent. To pay fees for maintaining a patent in force, the patent holder is granted a grace period of six months, subject to the payment of an additional fee. Fees can be paid by the applicant, patentee or other person.

If the fee for maintaining the patent in force and the additional fee are not paid during the grace period, the patent is terminated early.

3. Funds received from the collection of duties go to the State Budget of Turkmenistan.

These funds are used to finance the costs of the functioning and development of the state system for the protection of breeding achievements, including technical equipment, the creation and use of its automated system; formation of the state patent and information base; wages, training and incentives for personnel; payment of fees and other payments necessary to ensure the participation of Turkmenistan in international agreements in the field of protection of breeding achievements.

Chapter VI. AUTHOR OF SELECTION ACHIEVEMENT AND HIS RIGHTS

Article 26. Author of a Breeding Achievement

1. The author of a selection achievement is an individual whose creative labor it was created.

2. If several persons participated in the creation of a selection achievement, all of them are considered co-authors. The procedure for using the rights belonging to the co-authors is determined by an agreement between them.

3. Persons who have not made a personal contribution to the creation of a selection achievement, but have provided only technical, organizational, material or other assistance to the author (authors) are not recognized as co-authors.

Article 27. Rights of the author of a selection achievement

1. The right of the author is an inalienable personal right and is protected indefinitely.

2. To the author of a selection achievement entered in the State Register of Protected Selection Achievements, who is not a patent holder, the authorized state body for the grant of patents for plant varieties and animal breeds shall issue an official certificate confirming his authorship.

3. The author has the right to assign his name to his selection achievement.

4. The author has the right to receive remuneration from the patent holder for the use of the selection achievement created, revealed or derived by him during the term of the patent. The amount and terms of payment of remuneration are determined by the agreement concluded between the patent owner and the author.

At the same time, the amount of remuneration to the author should not be lower than the minimum value, which, according to breeding achievements, is determined differentially based on the prospects, scope of use and economic efficiency of plant varieties and animal breeds and is approved in accordance with the procedure established by the legislation of Turkmenistan.

5. The remuneration shall be paid to the author within six months after the expiration of each year in which the selection achievement was used, unless otherwise provided by the agreement between the author and the patent owner.

6. If a variety, breed is created, identified or bred by several authors, the remuneration is distributed in accordance with the agreement between them.

7. A dispute about the amount, procedure or conditions for the payment of remuneration by the patent holder in connection with the use of the selection achievement shall be resolved by the court.

Chapter VII. PATENT OWNER, HIS RIGHTS AND OBLIGATIONS

Article 28. Patentee of a Breeding Achievement

The right to obtain a patent belongs to: - to the author (co-authors) of the selection achievement; - to the employer in the cases provided for in Article 12 of this Law; - the legal successor (successors) of the author of the selection achievement or the employer.

Article 29. Rights of the patent holder

1. The patentee has the exclusive right to use, as well as to authorize or prohibit the use of a protected selection achievement. No one has the right to commit actions that are a violation of the exclusive right of the patent owner, including to use a selection achievement without his permission, except for the cases provided for by this Law.

2. The permission of the patentee is required for the following actions in relation to the selection achievement:

1) production or reproduction (reproduction);

2) bringing seeds to sowing condition for multiplication purposes;

3) offer for sale;

4) sale or other types of marketing;

5) export from the territory of Turkmenistan;

6) import into the territory of Turkmenistan;

7) storage for the above purposes.

3. The exclusive right of the patent holder also extends to plant material produced from seed or planting material of a protected variety, as well as to marketable animals produced from pedigree animals of a protected breed, which were introduced into economic circulation without the permission of the patent holder.

The exclusive right of the patent holder also extends to seed, planting or breeding material that: - essentially inherit the characteristics of the protected (original) variety, breed, if this protected variety or breed does not substantially inherit the characteristics of other breeding achievements; - do not have obvious differences from the protected variety, breed; - require repeated use of a protected variety, breed for their reproduction.

4. A breeding achievement that essentially inherits the characteristics of another (original) protected breeding achievement is a breeding achievement that, if clearly different from the original: - inherits the most essential traits of the original breeding achievement or breeding achievement, which itself inherits the essential traits of the initial breeding achievement, while retaining the main traits reflecting the genotype or combination of genotypes of the initial breeding achievement; - corresponds to the genotype or combination of genotypes of the original breeding achievement, with the exception of deviations caused by the use of methods such as individual selection from the original breed variety, selection of an induced mutant, genetic engineering.

5. The relationship when using a selection achievement belonging to several patent holders is determined by an agreement between them. In the absence of such an agreement, each patent holder can use the selection achievement at his own discretion, but he has no right to grant a license for it or assign a patent to another person without the consent of the other patent holders.

Article 30. Obligations of the patent holder

1. The patentee is obliged to maintain the variety.

breed during the term of the patent in such a way that the original characteristics indicated in the official description of the variety, breed on the date of their registration in the State Register of Protected Selection Achievements are preserved.

2. The patent holder is obliged, upon the request of the authorized state body for the issuance of patents for plant varieties and animal breeds, to send, respectively, to the authorized state body for variety testing or the authorized state body for testing animal breeds seeds for control tests and provide conditions for conducting an on-site inspection or provide breeding material for on-site verification testing.

Article 31. Exhaustion of the rights of the patentee

The right of the patent holder does not apply to actions with respect to any material of a protected variety or breed after their introduction into economic circulation through sale or other types of marketing in the territory of Turkmenistan or export outside of it by the patent holder himself or with his consent, unless such actions are aimed at the subsequent multiplication of the variety breeds.

Article 32. Infringement of the right of the patentee

The following actions carried out without the permission of the patent owner shall be deemed to be a violation of the rights of the patentee:

- production and reproduction (reproduction) of a selection achievement;

- bringing the selection achievement to seed or breeding condition;

- offer for sale, sale and other introduction into commercial circulation of a product created using a selection achievement;

- storage, import, export from the territory of Turkmenistan for the above purposes of seed, planting or breeding material of a protected selection achievement.

Article 33. Actions not recognized as a violation of the patent owner's right

Are not recognized as a violation of the rights of the patent owner:

- actions to use a protected variety, breed as a source material for breeding a new selection achievement;

- granting by the authorized state body for the issuance of patents for plant varieties and animal breeds to a third party of permission to perform actions requiring the permission of the patent holder, if the patent holder receives a fair remuneration; - use by an economic entity of seed, planting or breeding material obtained from the patent holder for reproduction on its territory.

Article 34. Right of the patent holder and measures regulating commercial activities

The right of the patent holder does not depend on any measures taken to regulate the production, certification and marketing of the material of selection achievements in the territory of Turkmenistan, or the export or import of such material.

Article 35. Exclusion of any other ground for revocation of the patent holder's right

The right of the patent holder cannot be canceled due to grounds other than those set forth in the provisions of part one of Article 36 and part one of Article 37 of this Law.

Chapter VIII. INVALIDING A PATENT, TERMINATION AND RESTORATION OF THE PATENT

ARTICLE 36. Recognition of a patent invalid

1. A patent during the entire period of its validity may be challenged and invalidated if:

- the registered achievement of breeding did not comply with the protection conditions established by this Law;

- the person named in the patent as the patent owner had no legal basis to obtain it.

2. Any interested person may submit to the Appeal Commission a reasoned objection to declare a patent invalid on the grounds provided for in part one of this article. A fee is payable for filing and considering an objection. A copy of the opposition is sent to the patent owner, who, within three months from the date of receipt of the copy of the opposition, can submit a reasoned answer.

3. The validity of a patent recognized as invalid in accordance with the first part of this article shall be terminated from the date of registration of the selection achievement. The authorized state body for the issuance of patents for plant varieties and animal breeds enters into the State Register of Breeding Achievements and publishes in the bulletin information on patents recognized as invalid.

Article 37. Early termination of a patent

1. The validity of a patent is terminated early if the patent owner has not paid the annual fee for maintaining the patent in force within the established and additional terms. In this case, the patent expires from the date of expiry of the established period.

2. The validity of a patent may be terminated ahead of schedule on the basis of the patent owner's application to renounce the patent. The refusal comes into force from the date of receipt of the application to the authorized state body for the grant of patents for plant varieties and animal breeds. An application for waiver of a patent is not subject to revocation.

The patentee is obliged to notify the author (s) of his intention to renounce the patent. In this case, the author has the preemptive right to own the patent. If a patent is the subject of a license agreement, its cancellation is possible only with the consent of the license holder, unless otherwise provided by the agreement.

3. The authorized state body for the issuance of patents for plant varieties and animal breeds shall enter into the State Register of Breeding Achievements and publish in the bulletin information on patents that have been terminated early.

Article 38. Cancellation of a patent

1. A patent is canceled if:

- the selection achievement no longer meets the criteria for uniformity and stability;

- the patent holder, within twelve months, did not submit, at the request of the authorized state body for variety testing, the authorized state body for testing animal breeds or the authorized state body for the issuance of patents for plant varieties and animal breeds, seed, planting, breeding material, documents and information that are necessary for verification of compliance of the selection achievement with the criteria of uniformity and stability, or did not provide an opportunity to inspect the selection achievement on site for these purposes;

- the name of the selection achievement is canceled, and the patentee has not proposed another suitable name. 2. The authorized state body for the issuance of patents for plant varieties and animal breeds shall enter into the State Register of Breeding Achievements and publish information on canceled patents in the bulletin.

Article 39. Reinstatement of missed terms

1. The periods missed by the applicant or patent holder, provided for by part four of Article 13, part three of Article 16, part two of this article, part one of Article 23 of this Law, may be restored by the authorized state body for granting patents for plant varieties and animal breeds.

2. The deadline for the submission of documents or additional materials at the examination request, the deadline for filing a petition to conduct an expert examination, and the deadline for filing an objection to the examination decision, missed by the applicant, may be restored at the applicant's request.

3. An application for the restoration of a missed time limit may be submitted by the applicant to the authorized state body for the grant of patents for plant varieties and animal breeds no later than six months from the date of expiry of the established period, subject to payment of an additional fee.

Article 40. Restoration of the validity of a patent

1. The validity of a patent for a selection achievement, terminated due to non-payment of the fee for its maintenance in force, may be restored at the request of the patent holder or the holder of an exclusive license. The application must be filed with the authorized state body for the grant of patents for plant varieties and animal breeds within three years from the date of termination of the patent, but not later than the expiration of the established period of its validity. The application must be accompanied by a document confirming the payment of the fee for the restoration of the patent.

2. The authorized state body for the issuance of patents for plant varieties and animal breeds shall publish information on the restoration of the patent in the bulletin.

Article 41. Right of after-use

1. A legal entity or individual who, in the period between the date of termination of the patent and the date of publication in the official bulletin of the authorized state body for the issuance of patents for plant varieties and animal breeds of information on the restoration of the patent, began to use the patented selection achievement on the territory of Turkmenistan, or made the specified period, the necessary preparations for this, retains the right to further use it free of charge without increasing the volume of such use (right of post-use).

Chapter IX. TRANSFER OF RIGHTS TO A PATENT

ARTICLE 42. Transfer of rights to a breeding achievement

A patent for a selection attainment during the entire period of validity may be the object of a transfer of rights.

The right to obtain a patent, the rights arising from the registration of an application for the grant of a patent, as well as the rights arising from a patent can be transferred to any person.

The transfer of rights can be carried out on the basis of an agreement on the assignment of rights, by way of succession or inheritance, as well as on the basis of a license agreement.

Article 43. Assignment of a patent

The right to a patent can be transferred to any interested person under an agreement drawn up in any form and signed by the patent owner and assignee.

The contract is registered with the authorized state body for the issuance of patents for plant varieties and animal breeds upon a written application from any of the parties and comes into force after its registration in the State Register of Breeding Achievements. Information about the registration of the contract is published in the bulletin. Without registration, the contract is considered invalid.

Article 44. Patent License

1. A legal or natural person who is not a patent owner has the right to use a patented selection achievement only with the permission of the patent owner on the basis of a license agreement.

Under the license agreement, the patent holder (licensor) undertakes to transfer the right to use the protected selection achievement in the amount provided for by the agreement to another person (licensee). The licensee assumes the obligation to make payments to the licensor due to the agreement and to carry out other actions provided for by the agreement.

2. With an exclusive license, the licensee is transferred the exclusive right to use the selection achievement within the limits stipulated by the agreement, with the licensor retaining the right to use it in the part that is not transferred to the licensee.

With a non-exclusive license, the licensor retains all rights granted by the patent, including granting licenses to third parties.

With a full license, the licensee is transferred the exclusive right to use the selection achievement without retaining the licensor's right to use and issuing a license to other persons.

3. If the license agreement provides for the possibility of concluding a sublicense agreement, then the licensee, acting in this case as a sublicensor, has the right to conclude a sublicense agreement with a third party (sublicensee) on the provision of a non-exclusive license to use the breeding achievement.

Responsibility to the licensor for the actions of the sublicensee is borne by the licensee, unless otherwise provided by the license agreement.

4. Information on license registration is published in the bulletin. Without registration, the license is considered invalid.

5. The patent holder may submit to the authorized state body for the grant of patents for plant varieties and animal breeds an application for granting any person the right to use a selection achievement (open license). In this case, payment of fees for maintaining a patent is reduced by 50 percent from the year following the year of publication of information about an open license. A person who has expressed a desire to use the specified selection achievement is obliged to conclude an appropriate agreement with the patent holder.

The rights granted under an open license cannot exceed the amount of rights transferred under a non-exclusive license.

After the publication of information about an open license, the patent owner's application for granting the right to an open license is not subject to withdrawal.

Article 45. Compulsory license

1. If a selection achievement is not used or insufficiently used in Turkmenistan by the patent owner or persons to whom the rights to them have been transferred within four years from the date of the patent issue, then any person willing and ready to use the selection achievement, in case the patent owner refuses to conclude with this a person under a license agreement, on terms consistent with established practice, has the right to apply to the court with a claim for the granting of a compulsory non-exclusive license to use the specified breeding achievement.

If the patentee does not prove that the non-use or insufficient use of the selection achievement is due to valid reasons, the court grants to the interested person a compulsory non-exclusive license with the definition of the limits of use, validity period, amount, terms and procedure for payments. The amount of payments should be set not lower than the market price of the license, determined in accordance with established practice.

The term of the compulsory license is established by the court.

A compulsory license is issued only to a person who can ensure the effective use of a breeding achievement in an acceptable way, in accordance with and within the limits of the issued license.

2. A compulsory non-exclusive license grants its owner the right to receive from the patent holder the initial seed, planting or breeding material in an amount sufficient to use the compulsory license. A compulsory license does not create obstacles for the patentee to use the protected selection achievement or to grant a license to use it to a third party.

3. The authorized state body for the issuance of patents for plant varieties and animal breeds shall enter into the State Register of Breeding Achievements and publish information on the issuance of a compulsory license in the bulletin. For registration and publication in the official bulletin of information on the issuance of a compulsory license, the corresponding fee is paid by the licensee.

Article 46. Use of a selection achievement

A selection achievement is used if the seed, planting or breeding material produced, reproduced and brought to a varietal or breeding condition for subsequent reproduction, by morphological and physiological characteristics, corresponds to the information contained in the official description of the protected selection achievement.

Chapter X. PROTECTION OF THE RIGHTS OF AUTHORS, APPLICANTS AND PATENT OWNERS

ARTICLE 47. Responsibility for infringement of the rights of the patent owner

1. A legal entity or an individual who uses a patented selection achievement in violation of this Law is considered an infringer of the exclusive right of the patent holder and is liable in accordance with the legislation of Turkmenistan.

2. A claim for infringement of the exclusive right of the patent owner may be brought within three years from the day when the patent owner learned or should have learned about the violation of his right.

A claim for infringement of the exclusive right of the patent holder is brought by the patent holder or his assignee.

A claim for violation of the rights of a patent holder may also be filed by the owner of an exclusive license, unless otherwise provided by the license agreement, or by the owner of a non-exclusive license, if it is provided for by the license agreement.

3. A legal entity or an individual who illegally uses a patented selection achievement, at the request of the patent holder or a court decision, is obliged:

recognize the rights of the patentee; stop actions that violate the rights of the patent owner;

compensate for losses, including lost profits, or pay compensation determined by a court decision or by agreement of the parties;

compensate for moral damage; publish the judgment in order to restore the business reputation of the patent holder. The court has the right to make a decision to confiscate the seed, planting or breeding material of the protected selection achievement, as well as the product created with its use, from the infringer of the patent.

Article 48. Appeals Commission

1. In connection with the application of this Law, the Appeals Commission is competent to consider the following objections:

a) for the decision of the examination on the application for the selection achievement;

b) on the decision of the examination on the registration of an agreement on the assignment of a patent and a license agreement for the use of a selection achievement;

c) on the recognition of the patent as invalid in accordance with Article 36 of this Law;

d) decisions of the authorized state body for the issuance of patents for plant varieties and animal breeds on the early termination of the patent, cancellation or restoration of the patent on the basis of Articles 37, 38 and 40 of this Law;

e) on other issues within the competence of the Appeal Commission.

2. The applicant has the right to submit to the Appeals Commission the objections provided for in the first part of this article, within the time limits established by the authorized state body for the issuance of patents for plant varieties and animal breeds.

Objections provided for in subparagraphs "a", "b", "d" and "e" of the first part of this article must be considered by the Appeal Commission within four months from the date of their receipt.

The objections stipulated by subparagraph "c" of the first part of this article must be considered by the Appeal Commission within six months from the date of their receipt, unless additional tests of the selection achievement are required.

3. The decision of the Appeal Commission may be appealed to the court of any of the interested parties within six months from the date of approval of the decision of the Appeal Commission.

4. The Regulation on the Appeal Commission and the Procedure for considering objections and applications submitted to the Appeal Commission are approved by the higher organization of the authorized state body for the issuance of patents for plant varieties and animal breeds.

Article 49. State incentives for the creation and use of breeding achievements

In order to ensure scientific and technological progress, strengthen the intellectual potential of Turkmenistan and promote the development of creativity in the field of breeding, the state has the right to provide patent holders and persons using a breeding achievement under a license agreement, as well as persons assisting in obtaining and protecting rights to breeding achievements, benefits in accordance with legislation of Turkmenistan.

Chapter XI. INTERNATIONAL COOPERATION IN THE FIELD OF LEGAL PROTECTION OF SELECTION ACHIEVEMENTS

ARTICLE 50. Right to apply for a patent in other states

Legal entities and individuals of Turkmenistan have the right to apply for legal protection of a selection achievement to the competent authorities of another state.

An application for legal protection of a breeding achievement filed in another country must be previously submitted to the authorized state body for the issuance of patents for plant varieties and animal breeds in Turkmenistan. The costs associated with the protection of rights to breeding achievements outside of Turkmenistan shall be borne by the applicant.

Article 51. Rights of foreign legal entities and individuals

1. Foreign legal entities and individuals enjoy the rights provided for by this Law on an equal basis with legal entities and individuals of Turkmenistan by virtue of international treaties to which Turkmenistan is a party, or on the basis of the principle of reciprocity.

2. Foreign legal entities and individuals, as well as citizens of Turkmenistan residing or having permanent residence outside of Turkmenistan, in relations with the authorized state body for the issuance of patents for plant varieties and animal breeds, exercise their rights through patent attorneys registered with this body, if another procedure is not provided for by international treaties to which Turkmenistan is a party.

Article 52. Control over the import and export of selection achievements Control over the import and export from the territory of Turkmenistan of breeding achievements registered in the State Register of Breeding Achievements is carried out by customs authorities in accordance with the Customs Code of Turkmenistan and other legislative acts of Turkmenistan regulating the issues of import and export of breeding achievements.

Chapter XII. FINAL PROVISIONS

ARTICLE 53. Consideration of disputes

Disputes related to the application of this Law are considered in the manner prescribed by the legislation of Turkmenistan.

Article 54. Entry into force of this Law

This Law shall enter into force on the day of its official publication.


President of Turkmenistan

Gurbanguly BERDYMUHAMEDOV.

(Kindly ask you to note that provided above translation is not an official translation of the document into English).

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