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CHAPTER 73 THE RIGHT TO A SELECTION ATTAINMENT

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Russian Civil Code 4 part

CHAPTER 73. THE RIGHT TO A SELECTION ATTAINMENT

§ 1. General Provisions

Article 1408. Rights to Selection Attainments

1. The following intellectual rights shall belong to the author of a selection attainment that meets the conditions of obtaining of legal protection provided by the present Code (a selection attainment):

1) the exclusive right;

2) the right of authorship.

2. In cases provided for by the present Code the author of a selection attainment shall also have other rights, including the right to obtain a patent, the right to name the selection attainment, and the right to remuneration for use of a selection attainment, obtained in the line of duty.

Article 1409. Validity of the Exclusive Right to Selection Attainments within the Territory of the Russian Federation.

Within the territory of the Russian Federation the exclusive right shall be recognized to a selection attainment certified by a patent granted by the federal executive authority for selection attainments or by a patent valid within the territory of the Russian Federation by virtue of the international treaties of the Russian Federation.

Article 1410. Author of a Selection Attainment

The breeder is a citizen, whose creativity has led to the creation, deriving or discovering of a selection attainment shall be deemed as an author of a selection attainment. The person indicated as an author in an application for the grant of a selection attainment patent shall be deemed as the author of the selection attainment, unless it is proved otherwise.

Article 1411. Co-authors of a Selection Attainment

1. Natural persons, whose joint creativity has led to the creation, deriving or discovering of a selection attainment shall be deemed as co-authors.

2. Each of the co-authors shall have the right to use the selection attainment at his discretion unless an agreement among them provides otherwise.

3. The provisions of Paragraph 3 of Article 1229 of the present Code shall apply respectively to the inter relations of co-authors with regard to sharing the income from use of a selection attainment and the disposition of the exclusive right to a selection attainment.

Co-others shall jointly dispose the right to obtain a selection attainment patent.

4. Each of the co-authors shall have the right to enforce his rights independently.

Article 1412. Objects of Intellectual Rights to Selection Attainments

1. The objects of intellectual rights to selection attainments shall be varieties of plants and breeds of animals registered in the State Register of Protected Selection Attainments if these results of intellectual activity meet the requirements for such selection attainments set forth by the present Code.

2. A group of plants that, regardless of protectability, being defined by distinguishing features of the given genotype or combination of genotypes and being distinct from other groups of plants of the same botanical taxonomy by one or several features shall be deemed as a variety of plants.

A variety may be represented by one or several plants or a part or several parts of a plant provided that such a part or such parts can be used for reproduction of the whole plants of variety.

Clone, line, first generation hybrid, and population shall be protectable categories of plant variety.

3. A group of animals that regardless of protectability have genetically caused biological and morphological attributes and features some of which are specific for the said group and distinguish it from other groups of animals shall be deemed as a breed of animals. A breed may be represented by a female or a male individual or by pedigree material i.e. by animals assigned for reproduction of the breed (pedigreed animals), their gametes or zygotes (or embryos).

Type and cross-breed shall be protectable categories of animal breed.

Article 1413. Conditions of Protectability of a Selection Attainment

1. A patent shall be granted for a selection attainment if the latter meets the criteria of protectability and is included in the list of botanical and zoological breeds and types provided for by the federal executive authority responsible for normative and legal regulation in agricultural area.

2. Criteria of protectability of a selection attainment shall be novelty (Paragraph 3 of the present Article), distinctness (Paragraph 4 of the present Article), uniformity (Paragraph 5 of the present Article), and stability (Paragraph 6 of the present Article).

3. A variety of plants or breed of animals shall be deemed new if in filing date of the patent application, the seeds or breeding material of the said selection attainment have not been sold and have not been transferred in another manner by the breeder, his legal successors or with their consent to other persons for using the selection attainment:

1) within the territory of the Russian Federation – earlier than one year before the aforesaid date;

2) within the territory of another State – earlier than four years or, if it concerns varieties of grape, decorative tree or fruit tree cultures or forest tree breeds, earlier than six years before the aforesaid date.

4. A selection attainment shall be clearly distinct from any other selection attainment well-known at the time of filing of patent application.

The selection attainment, entered to official bulletins or a reference collection or precisely described in one of the publications, shall be deemed a well-known selection attainment.

Patent application filing shall also provide that a selection attainment is considered as well-known from the filing date provided that the selection attainment patent was granted;

5. Plants of one variety or animals of one breed shall be sufficiently uniform in their features taking into account individual deviations that may take place in connection with the peculiarities of reproduction;

6. Selection attainments shall be deemed stable if their basic features remain unchanged after repeated reproduction or, in the case of a special cycle of reproduction, at the end of each cycle of reproduction.

Article 1414. Official Registration of a Selection Attainment

The exclusive right to a selection attainment shall be recognized and protected under the condition of official registration of the selection attainment in the State Register of Protected Selection Attainments pursuant to which the federal executive authority for selection attainments shall grant a selection attainment patent to the applicant.

Article 1415. Selection Attainment Patent

1. Selection attainment patent shall certify the priority of a selection attainment, authorship as well as the exclusive right to a selection attainment.

2. The scope of the intellectual rights to a selection attainment provided on the ground of a patent shall be specified by the sum of essential features indicated in the description of the selection attainment.

Article 1416. Author's Certificate

The author of a selection attainment shall have the right to obtain an author's certificate, which shall be issued by the federal executive authority for selection attainments and shall certify his authorship.

Article 1417. State Incentives for Creation and Use of Selection Attainments 

The State shall provide incentives for creation and use of selection attainments and shall grant their authors as well as other holders of the exclusive right to a selection attainment (patent holders) and licensees using these selection attainments advantages by virtue of the legislation of the Russian Federation.

§ 2. Intellectual Rights to Selection Attainments

Article 1418. Right of Authorship to a Selection Attainment

The right of authorship, i.e., the right to be deemed the author of a selection attainment shall be inalienable and nontransferable including when the exclusive right to a selection attainment transferred or passed to another person or when the rights to its use granted to another person. A waiver of this right shall be void.

Article 1419. Right to Name a Selection Attainment

1. The author or other applicant shall have the right to name the selection attainment.

2. The name of a selection attainment shall enable to identify the selection attainment, be short, and be distinct from the names of existing selection attainments of the same or close botanical or zoological type. It shall not consist only of digits, lead into confusion concerning the features, origin, or significance of the selection attainment, or the identity of its author, and shall not contradict the principles of humanity and morality.

3. The name of a selection attainment proposed by the author or with his consent by another person (by the applicant) filing the patent application shall be approved by the federal executive authority for selection attainments.

Where the proposed name does not satisfy the requirements provided for by Paragraph 2 of the present Article, the applicant at the request of the aforementioned federal authority shall be committed to propose another name within thirty day.

Where before the expiry of the aforesaid time period the applicant have not proposed another name meeting the aforesaid requirements and does not contest judicially a refusal to approve the name of a selection attainment, the federal executive authority for selection attainments shall have the right to refuse to register the selection attainment.

Article 1420. Right to Obtain a Selection Attainment Patent

1. The right to obtain a selection attainment patent shall initially belong to the author of the selection attainment.

2. The right to obtain a selection attainment patent may be passed to another person (legal successor) or be transferred to him in cases and on the ground provided for by laws, including through the procedure of universal legal succession or under the contract, in particular, labor contract.

3. A contract on alienation of the right to obtain a selection attainment patent shall be done in written form. Failure to do the contract in written form shall entail the invalidity of the contract.

4. The risk of non-protectability shall be incurred by the person obtained the right, unless otherwise provided by the agreement among the parties to the contract on alienation of the right to obtain a selection attainment patent.

Article 1421. Exclusive Right to a Selection Attainment

1. The exclusive right to use a selection attainment under Article 1229 of the present Code by the methods provided for in Paragraph 3 of the present Article shall belong to the patent holder. The patent holder may dispose the exclusive right to a selection attainment.

2. The exclusive right to a selection attainment shall also extend to plant material, i.e. to a plant or its part using for purposes other than reproduction of the variety, to commodity animals, i.e., to animals using for purposes other than reproduction of the breed, which were derived respectively from seeds or from breeding animals if such seeds or breeding animals were introduced into civil circulation without permission of the patent holder. In such case seeds shall be deemed as a plant or a part of it used for reproduction of a variety.

3. The following actions being done with seeds and breeding material of a selection attainment shall be considered as use of the selection attainment:

1) production and reproduction;

2) conditioning for further reproduction;

3) offer for sale;

4) sale and other introduction into civil circulation;

5) export from the Russian Federation;

6) import into the Russian Federation;

7) stocking for any of the purposes mentioned in subparagraphs 1 to 6 above.

4. The exclusive right to a selection attainment shall also extend to seeds of a variety and breeding material of a breed that:

essentially inherit the features of other protected (source) variety of plants or breed of animals, if this protected variety or breed is not a selection attainment essentially way inheriting the features of other selection attainments itself;

are not clearly distinguished from the protected variety of plants or breed of animals;

require the repeated use of the protected variety for the production of seeds.

A selection attainment essentially inheriting the features of another protected (source) selection attainment shall be deemed as a selection attainment if it is clearly distinguished from the source:

inherits the most essential features of the source selection attainment or of the selection attainment that inherits the essential features of the source selection attainment itself retaining the basic features reflecting the genotype or combination of genotypes of the source selection attainment;

complies to the genotype or combination of genotypes of the source selection attainment save the deviations caused by applying of the methods as individual selection from the source variety of plants or breed of animals, selection of an individual mutant, reverse cross-breeding, or genetic engineering.

Article 1422. Activities Not Infringing the Exclusive Right to a Selection Attainment

The exclusive right to a selection attainment shall not be infringed by:

1) activities to satisfy private, family, domestic or other needs not connected with entrepreneurial activity and executed for non-commercial purposes;

2) activities executed with purposes of scientific research or with experimental purposes;

3) using of the protected selection attainment as the source material for the creation of other varieties of plants and breeds of animals, as well as activities on the subject of these created varieties and breeds, specified in Paragraph 3 of Article 1421 of the present Code except the cases provided for by Paragraph 4 of Article 1421 of the present Code;

4) using of plant material obtained at a farm during two years as seeds for growth of the variety of plants on the territory of this farm, entered in a list of families and types set forth by the Government of the Russian Federation.

5) reproduction of commodity animals for their use at the given farm;

6) any actions being done with seeds, plant material, breeding material, and commodity animals that were introduced into civil circulation by the patent holder or by another person with his consent except:

further reproduction of the variety of plant or breed of animals;

export from the Russian Federation of plant material or commodity animals that allows the reproduction of the variety of plants or breed of animals to a country where the given family or type is not protected, except export for processing for subsequent consumption.

Article 1423. Compulsory License for a Selection Attainment

1. On the expiry of three years from the date of granting a selection attainment patent any person willing and capable to use the selection attainment, in case of refusal of the patent holder to conclude a license contract for the production or sale of seeds or breeding material under conditions in accordance with the common practice, shall have the right to bring a legal action against the patent holder for the grant of a simple compulsory (nonexclusive) license for the use of such selection attainment within the territory of the Russian Federation. In his claims this person shall determine the proposed terms of such license, including the scope of use of the selection attainment, amount, method, and terms of payments.

Where the patent holder fails to prove that there are valid reasons preventing to grant the right to use of the respective selection attainment to the applicant, the court shall make a decision on grant of the indicated license and on the terms of this grant. Total amount of payment under such license determined by the decision of the court shall not be lower than the price of a license determined under similar circumstances.

2. On the ground of the decision of a court provided for by Paragraph 1 of the present Article, the federal executive authority for selection attainments shall effect the official registration of the simple compulsory (nonexclusive) license.

3. On the ground of the decision of the court on the grant of a simple compulsory (nonexclusive) license the patent holder shall be committed to provide the holder of such license with seeds or corresponding breeding material, for payment and under conditions acceptable for him, in a quantity sufficient for exercise of the simple compulsory (nonexclusive) license.

4. The validity of a simple compulsory (nonexclusive) license may be terminated judicially upon action of the patent holder if the holder of such license violates the terms on which it was granted or if the circumstances that stipulated the ground for grant of such license have changed and if these circumstances had existed at the time of grant of the compulsory license, it would not have been granted or would have been granted on significantly different terms.

Article 1424. The Term of the Exclusive Right to a Selection Attainment

The term of the exclusive right to a selection attainment and of the patent certifying this right shall be calculated from the date of official registration of the selection attainment in the State Register of Protected Selection Attainments and shall be equal to thirty years.

For varieties of grape, decorative and fruit tree cultures and forest tree breeds, including their stock, the term of the exclusive right and of the patent certifying this right shall be thirty five years.

Article 1425. Falling of a Selection Attainment into the Public Domain

1. On the expiry of the term of the exclusive right, the selection attainment shall fall into the public domain.

2. A selection attainment that has fall into the public domain may be used freely by any person without any consent or permission and without payment of remuneration for use.

§ 3. Disposition of the Exclusive Right to a Selection Attainment

Article 1426. Contract for Alienation of the Exclusive Right to a Selection Attainment

Under a contract for alienation of the exclusive right to a selection attainment (a contract on alienation of the patent), one party (the patent holder), transfers or undertakes commitment to transfer the exclusive right to the respective selection attainment in full scope to the other party, the recipient of the exclusive right (the recipient of the patent).

Article 1427. Public Offer to Conclude a Contract for Alienation of the Selection Attainment Patent

1. An applicant who is the author of a selection attainment along with the application for the grant of a selection attainment patent may submit a declaration that, in case of granting a selection attainment patent it shall be committed to conclude a contract on alienation of the patent under terms in accordance with common practice with any citizen of the Russian Federation or Russian legal entity, which first declared such a willingness and notified the patent holder and the federal executive authority for selection attainments. Where such a declaration was submitted, the patent fees provided for by the present Code for application for the grant of a selection attainment patent and for patent granted in accordance with such application shall not be paid by the applicant.

The federal executive authority for selection attainments shall publish information on the aforesaid declaration in the official bulletin.

2. A person who has concluded a contract on the alienation of a patent with the patent holder on the ground of the declaration specified in Paragraph 1 of the present Article shall be committed to pay all the patent fees from which the applicant (the patent holder) was relieved. Further patent fees shall be paid in accordance with the established procedure.

For official registration of the contract on alienation of the patent in the federal executive authority for selection attainments, a document certifying the payment of all patent fees from which the applicant (patent holder) was relieved shall be attached to the request for registration of the contract.

3. If within two years from the date of publication of the information on patent grant, with respect to which the declaration specified in Paragraph 1 of the present Article was made, a written notification of the willingness to conclude a contract on the alienation of the patent was not submitted to the federal executive authority for selection attainments, the patent holder may submit to the aforesaid federal authority a request for withdrawal of his declaration. In this case the patent fees provided for by the present Code, from which the applicant (the patent holder) was relieved are subject to payment. Further fees shall be paid in accordance with the established procedure.

The federal executive authority for selection attainments shall publish information on withdrawal of the aforesaid declaration in the official bulletin.

Article 1428. License Contract for Granting a Right to Use a Selection Attainment

Under a license contract one party, the patent holder (the licensor) grants or is undertaking commitments to grant to the other party, the user (the licensee), the right to use the respective selection attainment, certified by a patent, with the limitations under the contract.

Article 1429. Open License for a Selection Attainment

1. The patent holder may file a declaration on the possibility of granting to any person the right to use a selection attainment (an open license) with the federal executive authority for selection attainments.

In this case the amount of the maintenance patent fee shall be reduced by fifty percent starting from the year following the year of publication of information on the open license by the federal executive authority for selection attainments.

The terms on which the right to use the selection attainment may be granted to any person shall be submitted to the federal executive authority for selection attainments, which shall publish the respective information on an open license in its official bulletin at the expense of the patent holder. The patent holder shall be committed to conclude a license contract under the conditions of a simple (nonexclusive) license with a person who has expressed willingness to use the aforesaid selection attainment.

2. On the expiry of two years following the date of publication of the information on an open license by the federal executive authority for selection attainments in the official bulletin, the patent holder shall have the right to file a request for withdrawal of his declaration on an open license with the aforementioned federal authority.

Where no one person had expressed the willingness to use the selection attainment before the withdrawal of the open license, the patent holder shall be committed to pay the rest of the patent maintenance fee for the period following the date of publication of the information on an open license, and to pay it in full amount in future.

Where the respective license contracts were concluded on the terms of the open license before the withdrawal of the open license, the licensees shall own their rights for the whole term of validity of these contracts. In this case the patent holder shall be committed to pay patent maintenance fee in full amount following the date of withdrawal of the open license.

The federal executive authority for selection attainments shall publish information on the withdrawal of a declaration on an open license in the official bulletin.

§ 4. A Selection Attainment Created, Derived, or Discovered in the Line of Duty while Carrying out Labor Task or under a Contract

Article 1430. Employee’s Selection Attainment

1. A selection attainment created, derived, or discovered by an employee in the line of his working duty or a specific task set by the employer shall be deemed as a employee’s selection attainment.

2. The right of authorship to the employee’s selection attainment shall belong to the employee (the author).

3. The exclusive right to the employee’s selection attainment and the right to obtain a patent shall belong to the employer, unless otherwise provided in a labor or other contract between the employee and the employer.

4.The employee shall notify the employer in writing on the creation, derivation, or discovery in the line of his working duties or a specific task set by the employer, of a result with respect to which the granting of legal protection as a selection attainment is capable, unless the contract between the employer and the employee provides otherwise (Paragraph 3 of the present Article).

Where the employer during four months following the date of notification by the employee of creation, derivation, or discovery of a result with respect to which the granting of legal protection as a selection attainment is capable, fails to file a patent application for this selection attainment with the federal executive authority for selection attainments, to transfer the right to obtain a patent for an attainment obtained in the line of duty to another person, and to inform the employee on keeping the information on the respective result in secrecy, the right to obtain a patent for such selection attainment shall belong to the employee. In this case the employer, during the term of the patent shall have the right to use the selection attainment obtained in the line of duty in his own production on the terms of a simple (nonexclusive) license and pay the remuneration to the patent holder, the amount, terms, and method of payment shall be determined by contract between the employee and the employer and, in case of dispute – by a court.

5. The employee shall have the right to remuneration paid by employer for use of a selection attainment created, derived, or discovered in the line of duty in the amount and on the terms that are determined by an agreement between them, but not less than in an amount constituting two percent of the amount of the annual income from use of the attainment, including the income from the granting of licenses. A dispute on the amount, method, or on terms of remuneration paid by the employer for use of the employee’s selection attainment shall be ruled by a court.

Remuneration shall be paid to the employee within six months after the end of each year in which the selection attainment is used.

6. A selection attainment created, derived, or discovered by an employee using monetary, technical, or other material assets of the employer, but not in the line of his working duties or a specific task set by the employer shall not be deemed as a employee’s selection attainment. The right to obtain a patent for the selection attainment and the exclusive right to such selection attainment shall belong to the employee. In this case the employer shall have the right on his discretion to demand the grant of a free simple (nonexclusive) license for the use of the selection attainment for his own needs during the term of the exclusive right for a selection attainment or to reimbursement of the costs incurred by him with regard to creation, derivation or discovery of such selection attainment.

Article 1431. Selection Attainments Created, Derived, or Discovered on Order

1. In the case when a selection attainment has been created, derived, or discovered under a contract, on the subject of creation, derivation or discovery of such selection attainment (on order), the right to obtain a patent for the selection attainment and the exclusive right to such selection attainment shall belong to the customer, unless otherwise provided by the contract between the contractor (the performer) and the customer.

2. In the case when the right to obtain a selection attainment patent and the exclusive right to a selection attainment belong to the customer under Paragraph 1 of the present Article, the contractor (the performer) shall have the right to use the selection attainment for his own needs on the terms of free simple (nonexclusive) license during the term of the patent, whereas otherwise is not provided by the contract. The contract, stipulating the ground for the work, may provide for another type of license.

3. Where, under the contract between the performer and the customer, the right to obtain a selection attainment patent and the exclusive right to a selection attainment belong to the contractor (the performer), the customer shall have the right to use the selection attainment for his own needs on the terms of a free simple (nonexclusive) license during the term of the patent.

4. An author of a selection attainment specified in Paragraph 1 of the present Article who is not the patent holder shall receive remuneration in accordance with Paragraph 5 of Article 1430 of the present Code.

Article 1432. Selection Attainments Created, Derived, or Discovered Under a State or Municipal Contract

The provisions of Article 1371 of the present Code shall apply respectively to selection attainments created, derived or discovered under a State or municipal contract.

§ 5. Grant of a Selection Attainment Patent. Termination of Selection Attainment Patent

Article 1433. Application for the Grant of a Selection Attainment Patent

1. An application for the grant of a selection attainment patent (patent application) shall be filed with the federal executive authority for selection attainments by the person having the right to obtain a patent under the present Code (applicant).

2. A patent application shall contain:

1) the request for the grant of a patent, stating the author of the selection attainment and the person in whose name the patent is requested and their places of permanent or actual residence;

2) the form for the selection attainment;

3) a document certifying the payment of the fee in the prescribed amount or a document certifying the ground for exemption from the fee or for reduction of its amount or its deferment payment.

3. The requirements for the documents constituting the patent application shall be determined on the ground of the present Code by the federal executive authority responsible for normative and legal regulation in the agricultural area.

4. A patent application shall relate to one selection attainment only.

5. The documents specified in Paragraph 2 of the present Article may be submitted in Russian or other language. If the documents are submitted not in Russian, their translation into Russian shall be attached to the patent application.

Article 1434. Priority of a Selection Attainment

1. The priority of a selection attainment shall be established as per the date of patent application filing with the federal executive authority for selection attainments.

2. Where on the same date two (or more) applications for the same selection attainment were filed with the federal executive authority for selection attainments, priority shall be established as per the earlier date of filing the application. If the examination finds that these applications have the same date of filing, the patent shall be granted on the application with an earlier registration number conferred by the federal executive authority for selection attainments unless otherwise provided by the agreement between the applicants.

3. If an application filed with the federal executive authority for selection attainments was preceded by an earlier application filed by the applicant in a foreign State with which the Russian Federation has concluded a treaty on protection of selection attainments, the applicant shall enjoy priority of the first application during twelve months from its filing date.

The applicant shall indicate the priority of the first application in the application filed with the federal executive authority for selection attainments. Within six months from the day of receipt of the application by the federal executive authority for selection attainments, the applicant shall be committed to submit a copy of the first application, certified by a competent authority of the respective foreign state and its translation into Russian. Where these conditions are fulfilled, the applicant shall have the right not to submit supplementary documentation and the material necessary for testing during three years from the date of filing of the first application.

Article 1435. Preliminary Examination of a Patent Application

1. In the course of preliminary examination of a patent application, the priority date shall be established; the presence of the documents provided for by Paragraph 2 of Article 1433 of the present Code, and their conformity to the prescribed requirements shall be verified. Preliminary examination of a patent application shall be completed within one month.

2. During the preliminary examination the applicant shall have the right to supplement, clarify, or correct the documents of the application on his initiative.

The federal executive authority for selection attainments may invite the applicant to furnish missing or clarifying documents, and the applicant shall be committed to provide them within the prescribed time limit.

Where the documents missing on the application filing date were not furnished within the prescribed term, the application shall not be accepted for processing and the applicant shall be notified on it.

3. Upon completion of the preliminary examination the federal executive authority for selection attainments shall promptly notify the applicant on favorable results of the preliminary examination and the filing date.

Information on accepted applications shall be published in the official bulletin of the aforesaid federal authority.

4. Where the applicant wishes to appeal the decision of the federal executive authority for selection attainments on the results of the preliminary examination, he shall have the right to appeal it judicially within three months following the date of receipt of the decision.

Article 1436. Provisional Protection of a Selection Attainment

1. A selection attainment for which an application was filed with the federal executive authority for selection attainments shall enjoy provisional protection as a selection attainment from the filing date until the date of a patent grant.

2. After the grant of selection attainment patent, the patent holder shall have the right to receive monetary remuneration paid by a person who, without a permission of the applicant, has executed the activities provided for in Paragraph 3 of Article 1421 of the present Code, during the term of provisional protection of the selection attainment. The amount of remuneration shall be determined by agreement of the parties and, in case of a dispute, by a court ruling.

3. During the term of provisional protection of a selection attainment, the applicant shall be permitted to sale or transfer seeds or breeding materials in other manner for scientific purposes only, and in cases when the sale or transfer is connected with alienation of the right to obtain a selection attainment patent or with the production of seeds or breeding material for stocking on order of the applicant.

4. The provisional protection of a selection attainment shall be deemed not to have occurred where the patent application was not accepted for processing (Article 1435) or, a decision to refuse to grant a patent has been taken in respect of the patent application and the possibility to appeal it provided for by the present Code has been exhausted or in case if the requirements of Paragraph 3 of the present Article have been violated by the applicant.

Article 1437. Examination of a Selection Attainment for Novelty

1. Any interested person may submit a request for carrying out examination for novelty of the claimed selection attainment within six months following the date of publication of information on the patent application to the federal executive authority for selection attainments.

The federal executive authority for selection attainments shall notify the applicant on the receipt of such a request and on its subject matter. The applicant shall have the right to submit a grounded objection to the notification to the federal executive authority for selection attainments within three months following the date of receipt of the notification.

2. The federal executive authority for selection attainments shall take a decision in accordance with the materials at its disposal and notify the interested person on it. If the selection attainment does not confirm the criterion of novelty, a decision to refuse a grant of a patent shall be taken.

Article 1438. Tests of a Selection Attainment for Distinctness, Uniformity, and Stability

1. Tests of a selection attainment for distinctness, uniformity, and stability shall be conducted according to the methodology and in the time limits set forth by the federal executive authority responsible for normative and legal regulation in the agricultural area.

The applicant shall be committed to provide necessary quantity of seeds or breeding material for testing to the place and within the time period specified by the federal executive authority for selection attainments.

2. For the purposes provided for by Paragraph 1 of the present Article, the federal executive authority for selection attainments, shall have the right to use the results of tests conducted by competent authority of other states with which the respective treaties have been concluded, the results of tests conducted by other Russian organizations under contract with the aforesaid state authority, and the data provided by the applicant.

Article 1439. Registration of Selection Attainment and Grant of Patent

1. Where a selection attainment confirms the criteria of protectability (Paragraph 2 of Article 1413) and where the name of the selection attainment confirms the requirements of Article 1419 of the present Code, the federal executive authority for selection attainments shall grant a selection attainment patent, prepare a description of the selection attainment, and record the selection attainment into the State Register of Protected Selection Attainments.

2. The following information shall be specified in the State Register of Protected Selection Attainments:

1) the genus and type of plant or animal;

2) the name of the variety of plants or breed of animals;

3) the date of official registration of the selection attainment and the registration number;

4) the name or designation of the patent holder and his place of permanent or actual residence;

5) the name of the author of the selection attainment and his place of residence;

6) a description of the selection attainment;

7) the fact of transfer of the selection attainment patent to another person with an indication of his name and place of permanent or actual residence;

8) information on license contracts that have been concluded;

9) the date of termination of validity of the selection attainment patent with an indication of the cause of termination.

3. The selection attainment patent shall be granted to the applicant. Where several applicants are indicated in patent application the patent shall be granted to the first indicated applicant and shall be used by the applicants jointly under the agreement between them.

Article 1440. Preservation of the Selection Attainment

The patent holder shall be committed to maintain the variety of plants or breed of animals during the term of the selection attainment patent to preserve the features specified in the description of the variety of plants or breed of animals compiled on the date of the inclusion of the selection attainment in the State Register of Protected Selection Attainments.

The patent holder shall be committed to send at his own expense seeds or breeding material for verification tests and to provide the possibility of conduct of on-site inspection upon request of the federal executive authority for selection attainments.

Article 1441. Invalidation of a Selection Attainment Patent

1. A patent for selection attainment may be recognized as invalid during its term of validity if is established that:

1) the patent was granted on the ground of unconfirmed data on the uniformity and stability of the selection attainment presented by the applicant.

2) on the date of patent grant the selection attainment did not confirm the criteria of novelty or distinctness;

3) the person indicated in the patent as the patent holder was not entitled to obtain a patent.

2. The grant of patent for a selection attainment may be appealed by any person who has become aware of the violations provided for by Paragraph 1 of the present Article by filing a request with the federal executive authority for selection attainments.

The federal executive authority for selection attainments shall communicate a copy of the aforesaid request to the patent holder who may submit grounded response within three months following the date of sending the aforesaid copy.

The federal executive authority for selection attainments shall take a decision on the said matter within six months following the date of submission of the aforesaid request unless the supplementary tests are required.

3. A selection attainment patent deemed as invalid shall be deemed as void as from the date of submission of the patent application. In such case the license contracts concluded before the decision on the invalidation of the patent shall maintain their effect insofar they were executed by that date.

4. Invalidation of a patent for a selection attainment shall mean the reversal of the decision of the federal executive authority for selection attainments to grant a patent (Article 1439) and the revocation of the corresponding entry in the State Register of Protected Selection Attainments.

Article 1442. Pre-term Termination of a Patent for a Selection Attainment

The validity of a patent for a selection attainment shall be subject to pre-term termination in the following cases:

1) the selection attainment no longer confirms the criteria of uniformity and stability;

2) the patent holder has not provided seeds, breeding material, documents, and information necessary to verify the preservation of the selection attainment upon request of the federal executive authority for selection attainments within twelve months or has not provided the possibility of on-site inspection of the selection attainment for these purposes;

3) the patent holder has filed an application for the pre-term termination of the patent with the federal executive authority for selection attainments;

4) the patent holder failed to pay the maintenance patent fee within the prescribed time limit.

Article 1443. Publication of the Information on Selection Attainments

1. The federal executive authority for selection attainments shall publish an official bulletin containing information:

1) on patent applications with indication of the priority date of the selection attainment, the name of the applicant, the name of the selection attainment, and the name of the author of the selection attainment unless the latter has declined to be mentioned as such;

2) on decisions taken on the patent application;

3) on changes in the names of selection attainments;

4) on invalidation of patents for selection attainments;

5) other information with respect to the protection of selection attainments.

2. After publication of information on a filed application for the grant of a selection attainment patent and on the decision taken with respect of this application, any person shall have the right to learn the materials of the application.

Article 1444. Use of a Selection Attainment

1. Seeds and breeding material sold within the Russian Federation shall be provided along with a document certifying their variety or breed and origin.

2. For selection attainments entered into the State Register of Protected Selection Attainments, the document specified in Paragraph 1 of the present Article shall be granted only to the patent holder and licensees.

Article 1445. Patenting of a Selection Attainment Abroad

An application for the grant of a selection attainment patent may be filed abroad. Expenses with respect to protection of a selection attainment abroad the Russian Federation shall be borne by the applicant.

§ 6. Enforcement of Rights of Authors of Selection Attainments and Other Patent Holders

Article 1446. Infringement of Rights of Author of Selection Attainments or Another Patent Holder

The rights of the author of a selection attainment or other patent holder shall be infringed by, in particular:

1) use of a selection attainment violating the requirements of Paragraph 3 of Article 1421 of the present Code;

2) naming of the produced and/or selling seeds or breeding material in a way different from the name of the respective registered selection attainment;

3) naming of the produced and/or selling seeds or breeding material with a name of the respective registered selection attainment if they are not the seeds or breeding material of this selection attainment;

4) naming of produced and/or selling seeds or breeding material with a name confusingly similar to the name of a registered selection attainment.

Article 1447. Publication of a Court Decision on the Infringement of the Exclusive Right to a Selection Attainment

The author of a selection attainment or other patent holder shall have the right to demand the publication by the federal executive authority for selection attainments in the official bulletin of a decision of a court on the illegal use of a selection attainment or on other infringement of the rights of a patent holder under Paragraph 1 of Article 1252 of the present Code.

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