Here
you may find basic information about legal protection of
intellectual property objects
1.
The Laws of Uzbekistan
LAW OF THE REPUBLIC OF
UZBEKISTAN
ON SELECTION ACHIEVEMENTS
(as amended and
updated on August 29, 2002)
I. GENERAL PROVISIONS
Article 1.
Aim of this Law
The aim of this Law is to
regulate relations in the sphere of creation, legal
protection and use of selection achievements.
Article 2. Basic
concepts
In this Law, the following
basic concepts are used:
breed – a group of
animals (including birds, insects and silkworms) or
their hybrids, which is defined by genetically
determined biological and morphological characteristics
and features, some of which are specific to the group in
question and distinguish it from other groups of
animals. The protected subjects of the breed are the
breeding group, the intra-breed (zonal) type, factory
type, factory strain, family, parthenoclones, strains
and hybrids;
employer – a natural or
legal person providing the task of creating a selection
achievement and providing funding for this task;
licensor – a patent owner
who transfers the right to a licensee to use a selection
achievement on the basis of a licensing agreement;
licensee – a natural or
legal person obtaining the right to use a selection
achievement from a licensor, on the basis of a licensing
agreement;
variety – a group of
plants which is defined by the characteristics,
continuously inherited, characterizing a given genotype
or combination of genotypes, and is distinguished from
other groups of plants of a similar botanical taxon by
one or more features. Protected subjects of the variety
shall be the clone, strain, first generation hybrid and
population;
patent owner – the owner
of a patent for a selection achievement;
selection achievement – a
new variety of plants or a new breed of animals;
applicant – a natural or
legal person who files an application for the grant of a
patent for a selection achievement.
Article 3.Legislation
on selection achievements
The legislation on
selection achievements shall consist of this Law and
other legislative acts.
If an international
agreement, to which the Republic of Uzbekistan is a
party, provides for rules other than those which are
laid down by the legislation of the Republic of
Uzbekistan on selection achievements, the rules of the
international agreement shall apply.
Article 4.
Organizational principles of the legal protection of
selection achievements
The State Patent Office of
the Republic of Uzbekistan (hereinafter the Patent
Office) shall implement State policy in the sphere of
legal protection of selection achievements.
The Patent Office shall
receive and examine applications for the grant of
patents for selection achievements (hereinafter –
application for the grant of a patent), conduct a formal
examination thereon, keep a State Register of Varieties
of Plants and a State Register of Breeds of Animals
(hereinafter the Register), grant patents for selection
achievements, be responsible for the official
publication of information on application materials and
registered selection achievements protected in the
Republic of Uzbekistan, apply the rules and provide
clarifications regarding the application of the
legislation on selection achievements.
The State Commission for
Variety Testing of Agriculture, Central State
Inspectorate for Breeding in Animal Husbandry of the
Ministry of Agriculture and Water Culture of the
Republic of Uzbekistan (hereinafter – specialized
organizations) shall examine the patentability of
claimed selection achievements.
Article 5. The
creator of a selection achievement
The creator of a selection
achievement shall be recognized as the natural person
through whose creative labor the new variety of plants
or new breed of animals has been created (bred or
discovered).
If more than one natural
person has participated in the creation of a selection
achievement, all such persons shall be recognized as its
joint creators. The procedure for use of the rights
belonging to the joint creators shall be defined by
legislation and agreement between the persons concerned.
The right of creation
shall be an inalienable personal right and shall be
protected indefinitely.
The creator (joint
creators) shall have the right to be mentioned in an
application for the grant of a patent, in the patent and
in all publications relating to a selection achievement.
Article 6. Patent
owner
A patent for a selection
achievement shall be granted to:
- the creator
(joint creators) of the selection achievement or his
(their) heir(s);
- the natural
and/or legal persons (with their consent) who are
indicated by the creator or his heir in an application
for the grant of a patent or in an application for a
change of applicant, filed with the Patent Office prior
to registration of the selection achievement;
- an employer in
the cases provided for by Article 7 of this Law.
Article 7. The
patent owner of a selection achievement created
in the course of employment
A selection achievement
shall be considered to have been created in the course
of employment if, during its creation, the creator
(joint creators):
- carried out
duties inherent in the position occupied by him (them);
- carried out duties
specially entrusted to him (them) in order to create the
selection achievement;
- used material or
financial resources granted to him (them) by an
employer;
- used knowledge and
experience constituting the specific features of an
organization‑employer, acquired by him (them) in the
course of employment.
If, within four months of
the date on which he is informed by a creator (joint
creators) of a created selection achievement, an
employer does not file an application for the grant of a
patent with the Patent Office, does not transfer the
right to file an application for the grant of a patent
to another person, and does not inform the creator
(joint creators) of the preservation of a selection
achievement in secret, the creator (joint creators)
shall be entitled to file an application and to obtain a
patent in his (their) own name(s). In such a case, the
employer shall be entitled to use a selection
achievement in his own production activities and shall
pay to the patent owner compensation, as defined by
agreement.
In cases where an
employer preserves a selection achievement in secret, he
shall be obliged to pay the creator (joint creators)
appropriate remuneration, the level of which shall be
determined by agreement.
The creator (joint
creators) of a selection achievement, who are not the
patent owner(s), shall be entitled to remuneration for
the use or sale of a license for a selection
achievement, the size of and procedure for which shall
be defined by agreement with the patent owner or his
legal successor.
Remuneration for a
creator (joint creators) shall be paid by a patent owner
or his legal successor during the period of validity of
a patent, unless otherwise specified by agreement on the
procedure for and periods of payment of remuneration for
the use of a selection achievement.
Remuneration shall be
paid to a creator (joint creators) not later than six
months after the expiry of the reporting period in which
a selection achievement has been used.
II. PATENTABILITY OF A
SELECTION ACHIEVEMENT
Article 8.
Conditions for the granting of legal protection of
selection achievements
A selection achievement
shall be granted legal protection if it meets the
following criteria: novelty, distinctness, uniformity
and stability.
A selection achievement
shall bear a name in accordance with the requirements of
Article 13 of this Law.
Article 9. Novelty
A selection achievement
shall be considered novel if, at the date of filing of
an application for the grant of a patent, the seeds,
plant material of the variety or the breeding material
of the breed has not been sold or transferred to other
persons by the creator, his heir or with their consent
for exploitation:
- on the territory
of the Republic of Uzbekistan – more than one year
before this date;
- on the territory
of another State – more than four years or, where this
relates to grapes, tree, ornamental, fruit crops and
forest species – more than six years before the date in
question.
Article 10.
Distinctness
A selection achievement at
the date of filing of an application for the grant of a
patent shall be clearly distinguished from any other
commonly known selection achievement.
A selection achievement
shall be considered commonly known at the application
filing date, if the application for the grant of a
patent therefor was filed in any country and, following
this application, a patent was granted, or some similar
form of protection provided, or the selection
achievement was included in the official register of
selection achievements of this country.
Common knowledge shall be
established:
- in relation to a
selection achievement which has become part of a
commonly known level of knowledge as a result of its
production, reproduction, bringing the selection
achievement to a variety or breeding condition with the
aim of subsequent propagation, storage and maintenance
for the above-mentioned purposes;
- in relation to a
selection achievement which has been offered for sale,
sold, imported or exported.
Article 11.
Uniformity
A selection achievement
shall be considered uniform if, taking into account the
features of propagation, plants of a particular variety
or animals of a particular breed are uniform according
to selected characteristics.
Article 12.
Stability
A selection achievement
shall be considered stable, if its relevant
characteristics remain unchanged after repeated
propagation or, in the case of a particular propagation
cycle, at the end of each propagation cycle.
Article 13. Name
of a selection achievement
A selection achievement
shall have a name proposed by an applicant and adopted
by the Patent Office.
The name of a selection
achievement shall allow the selection achievement to be
identified, be brief, differ from the names of existing
selection achievements of the same or of a close related
botanical or zoological species. It shall not consist
solely of figures, lead to confusion as regards the
characteristics, origin or meaning of the selection
achievement, personality of the creator (joint
creators), or contravene the principles of humanity and
morality.
The name of a selection
achievement shall be entered in the appropriate register
at the same time as information on the protected
selection achievement is entered therein.
If an application for the
grant of a patent is filed in the Republic of Uzbekistan
and other States, the name of the selection achievement
in these applications shall be identical.
Any person offering for
sale or selling in the Republic of Uzbekistan, or on the
territory of a country with which the Republic of
Uzbekistan has concluded an agreement on legal
protection of selection achievements, seeds, plant
material of a variety or breeding material of a breed,
shall use the name of the selection achievement even
after the period of validity of a patent for a selection
achievement has ended, only if the rights of third
parties shall not hinder such use.
III. OBTAINING A PATENT
FOR A SELECTION ACHIEVEMENT
Article 14.
A patent for a selection achievement
A patent shall be granted
for a selection achievement meeting the criteria of
patentability and relating to botanical and zoological
genera and species protectable in the Republic of
Uzbekistan.
A patent for a selection
achievement (hereinafter – patent) shall attest to the
novelty, distinctness, uniformity and stability of the
selection achievement, as well as the right of a patent
owner to the name, ownership, use and disposal of the
selection achievement.
The right of the patent
owner shall be considered valid from the date of
publication of information on the registration of the
selection achievement in the Patent Office Official
Gazette.
The period of validity of
a patent shall be twenty years from the date of entry of
a selection achievement in the appropriate register.
For varieties of grapes, tree, ornamental, fruit crops,
and forest species, including their tree stocks, this
period shall be twenty-five years.
The period of validity of
a patent may be extended at the request of the patent
owner, but by no more than ten years.
Article 15. Right
to a patent
The right to a patent
shall belong to a creator (joint creators) or to his
heir(s).
If more than one person
has jointly created a single selection achievement, the
right to a patent shall belong to all such persons. A
refusal by one or more of them of the right to a patent
shall not be extended to the others in the performance
of their duties and participation in the procedure for
obtaining a patent.
The right to a patent for
a selection achievement created by a creator (joint
creators) as a result of the performance of his (their)
duties, or of a specific task, or with the knowledge and
experience constituting specific features of an
organization-employer, shall belong to the employer,
provided this is specified by agreement between them.
If several persons have
created a selection achievement independently of each
other, the right to a patent shall belong to the person
whose application for the grant of a patent has been
filed with the Patent Office earlier, provided that the
application has not been withdrawn or rejected.
A creator (joint
creators), for whose selection achievement an
application has been filed or a patent obtained as the
result of unlawful borrowing, shall be entitled to
challenge the grant of the patent or to demand that the
patent should be transferred to him (them), as the
patent owner(s), in accordance with judicial procedure.
Employees of the Patent
Office and the specialized organizations shall not be
entitled to obtain a patent, or to be referred to as the
creator (joint creators), either throughout the period
of their employment therein, or for a year after their
employment has ceased.
Article 16. Filing
an application for the grant of a patent
An application for the
grant of a patent shall be filed with the Patent Office
by the creator (joint creators), employer or their legal
successor.
An application for the
grant of a patent may be filed personally, through a
patent agent, registered with the Patent Office, or
through an attorney. Citizens of other States not
having a permanent place of residence, and legal persons
of other States, not having their main place of business
in the Republic of Uzbekistan, their patent agents or
attorneys shall conduct the matters relating to
obtaining a patent and maintaining it in force through
patent agents of the Republic of Uzbekistan. The powers
of a patent agent shall be attested by a power of
attorney granted to him by an applicant or by an
attorney.
Article 17. Content
of an application for the grant of a patent
An application for the
grant of a patent shall contain:
- a request for
the grant of a patent with an indication of the creator
(joint creators) and person(s) in whose name the patent
is requested, together with information on their place
of residence or business;
- a proposed name
for the selection achievement;
- a description of
the selection achievement (technical questionnaire);
- photographs of
samples of the selection achievement;
- documents
concerning tests on the selection achievement carried
out by the applicant;
- a declaration by
the applicant confirming that the selection achievement
has not been exploited, sold or transferred, and meets
the requirements of novelty;
- a document
confirming the priority of the selection achievement
(where necessary);
- an obligation on
the part of the applicant to submit to a specialized
organization, within the prescribed period, material for
testing the selection achievement;
- a power of
attorney where an application is filed through a patent
agent or an attorney;
- a document
confirming payment of the patent fee at the prescribed
level or the grounds for exemption from payment of the
patent fee, and also for reducing its level.
An application for the
grant of a patent shall relate to a single selection
achievement.
The filing date of an
application for the grant of a patent shall be
established according to the date on which the Patent
Office receives the documents in accordance with the
requirements of the first part of this article.
The documents indicated
in sub-paragraphs seven and eight of the first part of
this article shall be submitted by the applicant within
three months of the filing date of the application for
the grant of a patent. If, within the prescribed
period, the applicant does not submit these documents or
does not request the extension of the period in
question, the application shall be considered not to
have been filed.
The requirements for the
application materials for the grant of a patent shall be
established by the Patent Office jointly with the
specialized organizations.
The application materials
for the grant of a patent shall be kept secret by the
Patent Office and information on them shall not be
provided during the period of formal examination of
applications without the applicant’s consent.
Article 18.
Priority of a selection achievement
The priority of a
selection achievement shall be established according to
the date on which an application for the grant of a
patent is filed with the Patent Office, the application
being compiled in accordance with the requirements of
this Law.
If identical applications
for the grant of a patent have the same priority date,
the patent shall be granted for the application with the
earlier date of dispatch to the Patent Office or with
the earlier incoming registration number.
If an application for the
grant of a patent received by the Patent Office preceded
an application filed by the applicant in another State
(hereinafter – first application), with which the
Republic of Uzbekistan has concluded an agreement on the
legal protection of selection achievements, the
applicant shall have the right to priority according to
the first application for a period of twelve months from
the filing date of that application.
In an application for the
grant of a patent sent to the Patent Office, the
applicant shall indicate the priority date of the first
application. Within three months of the filing date of
the application with the Patent Office, the applicant
shall submit a copy of the first application and a
translation thereof. Where these requirements are
satisfied, the applicant shall be entitled not to submit
additional documentation and material essential for
testing within three years of the filing date of the
first application.
Failure to observe the
deadline in the third part of this article, and also the
non-payment of the prescribed patent fees, shall lead to
the non-recognition of the claimed priority.
The filing of a
subsequent application for the grant of a patent,
publication or use of the selection achievement which is
the subject of the first application, where they do not
occur during the period specified in the third part of
this article, may not serve as grounds for rejecting a
subsequent application. Such facts may not serve either
as grounds for the emergence of certain rights of third
parties.
Article 19. State
examination of a selection achievement
A State examination of a
claimed selection achievement shall include a formal
examination of the application and an examination of
patentability, consisting of an examination of novelty
and tests of distinctness, uniformity and stability.
Article 20. Formal
examination of an application
A formal examination of an
application shall be conducted two months after the
filing date of the application. During the examination,
a priority date shall be established and the requisite
documents shall be verified for the purposes of
compliance with the stated requirements.
Within two months of the
application filing date, the applicant shall be
entitled, at his own initiative, to add to, clarify or
correct the application materials.
If the necessary
additions, clarifications or corrections have not been
made within the prescribed period or the documents
missing on the date on which the application for the
grant of a patent was received have not been submitted,
the application shall not be accepted for consideration.
A deadline missed by an
applicant may be re-established by the Patent Office at
the applicant’s request, filed not later than six months
after the deadline has expired.
On the basis of the
results of the formal examination of the application,
the applicant shall be informed of the Patent Office’s
decision.
Where he does not agree
with the Patent Office’s decision, an applicant shall be
entitled, within three months of the date of dispatch of
the decision, to appeal to the Patent Office Appeal
Board (hereinafter – Appeal Board). The appeal shall be
examined by the Appeal Board within two months of the
date of its receipt.
An Appeal Board decision
may be appealed in the courts within six months of the
date of its adoption.
An application for the
grant of a patent, undergoing formal examination, shall
be sent by the Patent Office to the corresponding
specialized organization for an examination of the
patentability.
Article 21.
Temporary legal protection of a selection achievement
Temporary legal protection
shall be granted for a selection achievement for which
protection is claimed from the date of publication of
information on an application for the grant of a patent,
prior to the date of entry of the selection achievement
in the appropriate register.
For the period of
temporary legal protection of a selection achievement,
the right of the patent owner shall be extended to the
applicant in accordance with Article 30 of this Law.
Temporary legal
protection shall be considered not to have ensued, if a
decision is taken to refuse to grant a patent, for which
the possibilities of appeal have been exhausted.
A person using selection
achievements claimed for protection within the period of
temporary legal protection shall, at the patent owner’s
request, pay the latter monetary compensation, once a
patent has been obtained, the level of which shall be
determined by agreement with the patent owner.
Article 22.
Examination of a selection achievement for the purposes
of novelty
An examination of a
selection achievement for the purposes of novelty shall
be carried out by a specialized organization on the
basis of the documents and evidence available, including
the information obtained at its own initiative, and a
report shall be submitted to the Patent Office on
compliance or non-compliance with the criterion of
novelty of the claimed selection achievement. The
Patent Office shall inform the applicant in writing of
the presence or absence of novelty.
Any interested person may,
within six months of the date of publication of
information on an application for the grant of a patent,
send to the corresponding specialized organization a
complaint regarding the novelty of the claimed selection
achievement.
The appropriate
specialized organization shall inform the applicant in
writing of the receipt of a complaint. Where there is
disagreement with the complaint, the applicant shall be
entitled, within three months of the day on which
notification is received, to send a reasoned objection
to the specialized organization. That organization
shall take a decision on the basis of the materials
received and shall inform the person concerned and the
applicant accordingly.
If a claimed selection
achievement does not meet the criterion of novelty, the
Patent Office shall take a decision to refuse to grant a
patent.
An applicant may, within
three months, appeal to the Appeal Board a decision of
the Patent Office to refuse to grant a patent. The
Appeal shall be examined by the Appeal Board within two
months of the date of its receipt.
The Appeal Board decision
may be appealed in the courts within six months of the
date of its adoption.
Article 23. Testing
of a claimed selection achievement
Testing of a selection
achievement shall consist of tests of distinctness,
uniformity and stability.
Testing of a claimed
selection achievement shall be carried out according to
the methods and within the periods established by the
specialized organizations at State variety-testing
stations, State variety-testing installations and other
organizations, a list of which is approved by the
Cabinet of Ministers of the Republic of Uzbekistan.
An applicant shall submit
seeds, plant material or breeding material in the
quantities required for testing purposes, to the address
and within the deadlines prescribed by a specialized
organization.
A specialized organization
shall be entitled to use the results of testing provided
by an applicant, and also by enterprises, institutions
and organizations of the Republic of Uzbekistan, and
competent bodies of other States.
On the basis of the
results of testing, a specialized organization shall
issue a conclusion on whether the selection achievement
meets the patentability criteria.
If the selection
achievement meets the patentability criteria and its
name meets the established requirements, a specialized
organization shall prepare an official description of
the selection achievement, and the Patent Office shall
decide to grant a patent.
If the selection
achievement does not meet the patentability criteria,
the Patent Office shall decide to refuse to grant a
patent.
Within three months, an
applicant may appeal a Patent Office decision with the
Appeal Board. The appeal shall be examined by the
Appeal Board within two months of it being received,
unless additional testing of the selection achievement
is required.
An Appeal Board decision
may be appealed in the courts within six months of the
date of its adoption.
Article 24.
Withdrawal of an application for the grant of a patent
An application for the
grant of a patent may be withdrawn at the written
request of the applicant, prior to a decision being
taken on whether to grant or to refuse to grant the
patent.
Where there are several
applicants, an application for the grant of a patent may
be withdrawn only with the consent of each of the
applicants.
Article 25.
Registration of a selection achievement
After a decision has been
taken to grant a patent, the Patent Office shall enter a
selection achievement in the appropriate register.
Article 26.
Official publication of information on a selection
achievement
Information on
applications for the grant of a patent, accepted for
consideration, registered selection achievements and
legally significant acts of the Patent Office, full
descriptions of selection achievements, registered
agreements on the transfer of rights and licensing
agreements, and also other communications relating to
selection achievements, shall be published in the Patent
Office Official Gazette.
Article 27. Grant
of a patent
A patent shall be granted
by the Patent Office on behalf of the Republic of
Uzbekistan.
Any person shall be
entitled, within six months of the date of publication
of information on the registration of a selection
achievement, to file an objection to the grant of a
patent.
An objection to the grant
of a patent shall be examined by the Appeal Board with
the participation of representatives of the appropriate
specialized organization, within six months of its
filing date.
The Patent Office shall
grant a patent six months after the date of publication
of information on the registration of a selection
achievement, provided that no objections to the grant of
the patent have been filed or that such objections were
rejected.
Where a patent is
requested in the name of several persons, one patent
shall be granted to those persons.
The form of the patent
and content of the information contained therein shall
be determined by the Patent Office.
At the request of the
patent owner, the Patent Office shall correct obvious
and technical errors occurring in a granted patent.
Once a patent has been
obtained, the patent owner shall send the requisite
material of the protected selection achievement for
deposit.
Article 28.
Preservation of a selection achievement
A patent owner shall
maintain a variety or breed during the period of
validity of a patent such that the features indicated in
the official description of the variety or breed,
drafted at the time of their entry in the appropriate
register, are preserved.
A patent owner shall, at
the request of the specialized organizations and/or the
Patent Office send seeds of the variety or the breeding
material for verification tests to be carried out, and
shall provide the possibility for an on-site inspection
to be carried out.
Article 29. Patent
fees
Patent fees shall be
charged for the filing of an application for the grant
of a patent, the conducting of examinations and tests of
a claimed selection achievement, the grant of a patent,
its maintenance in force, and also the performance of
other legally significant acts connected with the legal
protection of a selection achievement. The patent fees
shall be paid to the Patent Office.
The levels of and periods
for payment of patent fees, grounds for exemption from
the payment thereof, reduction of the levels or the
reimbursement thereof, and also the procedure for the
use of patent fees shall be established by the Cabinet
of Ministers of the Republic of Uzbekistan.
Patent fees shall be paid
by the applicant, patent owner and other interested
party.
In order to pay the
patent fees for maintaining a patent in force, the
patent owner shall be granted a special period of six
months, provided that an additional patent fee is paid.
If a patent fee for
maintaining a patent in force and an additional patent
fee are not paid during the special period, the validity
of the patent shall be terminated from the day of
non-payment of the patent fee within the prescribed
period.
IV.
RIGHT OF THE PATENT OWNER
Article 30.
Exclusive right of a patent owner
The exclusive right to use
a selection achievement at his own discretion shall
belong to a patent owner.
An interested party shall
obtain from a patent owner permission to carry out, with
the seeds or breeding material of a protected selection
achievement, the following acts:
- production and
reproduction (multiplication);
- bringing up to
the condition of a variety or breeding level;
- offering for
sale;
- selling and other
forms of marketing;
- exporting from
the territory of the Republic of Uzbekistan;
- importing into
the territory of the Republic of Uzbekistan;
- stocking for the
above purposes.
A patent owner shall be
entitled, at his own discretion, to make the granting of
permission dependent on certain conditions and/or
limitations.
The right of a patent
owner shall also be extended to plant material which was
produced from seeds, planting material of a variety, or
animals for sale, which were produced from bred animals,
introduced into civilian circulation without the patent
owner’s permission.
It is essential to obtain
the permission of a patent owner for the performance of
the acts indicated in the second part of this article,
with seeds or planting material of a variety, or
breeding material of a breed, which:
- essentially
inherit the features of a protected variety or breed, if
this protected variety or breed is not a variety or
breed essentially inheriting the features of another
variety or breed;
- are not clearly
distinguished from a protected variety or breed, in
accordance with Article 10 of this Law;
- require repeated
use of a protected variety or breed.
A variety or breed shall
be deemed to be essentially inheriting the features of
another variety or breed (initial), if they:
- inherit the most
essential characteristics of the initial variety or
breed, which themselves inherit the most essential
characteristics of the initial variety or breed, thereby
preserving the essential characteristics reflecting a
genotype or combination of genotypes of the initial
variety or breed;
- are clearly
distinguished from the initial variety or breed and
correspond to the genotype or combination of genotypes
of the initial variety or breed, excluding the
deviations caused by the application of various methods
– selection of a natural or induced mutant, selection of
an individual mutant from plants or animals of the
initial variety or breed, backcross, or transformation
of variety or breed by genetic engineering methods.
Interaction involved in
the use of a selection achievement protected by a patent
belonging to several patent owners shall be defined by
agreement between them. In the absence of such
agreement, each patent owner may use a protected
selection achievement at his own discretion, but shall
not be entitled to provide an exclusive license therefor
or to transfer a patent to another person, without the
consent of the other patent owners.
The following acts,
performed with a protected selection achievement, shall
not be recognized as an infringement of the right of a
patent owner:
- use for personal
and non-commercial purposes;
- use for
experimental purposes;
- use as an
initial resource for breeding of other varieties or
breeds;
- use by an
enterprise or farm of variety seeds and breeding
material, obtained from a patent owner, for reproduction
for a two-year period on the territory of this
enterprise or farm.
Article 32.
Exhaustion of the right of a patent owner
The right of a patent
owner shall not be extended to acts relating to any
material of a protected variety or breed, following
their introduction into civilian circulation by means of
sale or other forms of marketing on the territory of the
Republic of Uzbekistan by the patent owner himself or
with his consent, or export for reprocessing and
consumption purposes to countries where varieties or
breeds of the corresponding botanical or zoological type
are not protected.
The conditions of the
first part of this article shall not be extended to
varieties or breeds, if the sale and other forms of
marketing are intended for subsequent propagation of a
particular variety or breed, or are linked to the export
of plant material of a variety or breeding material of a
breed, for the purposes of propagation in countries
where varieties or breeds of the corresponding genera or
species are not protected.
Article 33.
Infringement of the right of a patent owner
An infringement of the
right of a patent owner shall be recognized as
unauthorized use for:
- production and
reproduction (propagation) of a selection achievement;
- bringing a
selection achievement up to a variety or breeding level;
- offering for
sale, selling and other introduction into civilian
circulation of a product created by using a protected
selection achievement;
- stocking,
importing and exporting;
- disclosure of
information constituting a commercial secret concerning
a selection achievement, excluding the cases where the
information is disclosed to the Appeal Board or to a
person carrying out official procedures aimed at
protecting the rights of an applicant or patent owner.
V. TERMINATION OF
VALIDITY OF A PATENT
Article 34.
Recognition of a patent as invalid
A patent may, throughout
its period of validity, be challenged and recognized as
invalid in cases where:
- at the date of
grant of the patent, a selection achievement did not
meet the criterion of novelty or distinctiveness;
- the patent was
granted on the basis of uncorroborated data concerning
the uniformity and stability of the selection
achievement, provided by the applicant.
Any person may lodge an
appeal with the Appeal Board concerning recognition of
the patent as invalid on the grounds provided for in the
first part of this article.
The Appeal Board shall
send a copy of an appeal to the patent owner who, within
three months, shall provide a reasoned response.
The Appeal Board shall
take a decision on an appeal within six months, unless
there is a need for additional testing of the selection
achievement.
An Appeal Board decision
may be appealed in the courts within six months of the
date of its adoption.
Article 35.
Premature termination of the validity of a patent
The validity of a patent
shall be terminated prematurely where:
- the patent fees
for maintaining the patent in force are not paid within
the prescribed period;
- the patent owner
submits a request to the Patent Office concerning the
refusal of the patent.
Information on the
premature termination of the validity of a patent shall
be published in the Patent Office Official Gazette.
Article 36.
Cancellation of a patent
A patent shall be
cancelled if:
- a selection
achievement no longer meets the criteria of uniformity
and stability;
- a patent owner
has not provided, contrary to a request by a specialized
organization or the Patent Office, and within twelve
months, seeds, planting or breeding material, documents
and information which are essential for verifying the
integrity of a selection achievement, or has not
provided the opportunity to inspect a selection
achievement on site for these purposes;
- the name of a
selection achievement has been cancelled and the patent
owner has not proposed another suitable name.
Information on the
cancellation of a patent shall be published in the
Patent Office Official Gazette.
Article 37. Refusal
of a patent
A patent owner shall, in
accordance with a written request, be entitled to refuse
a patent.
The refusal of a patent
by one of several patent owners shall not lead to the
validity of the patent being terminated.
The refusal of a patent
shall enter into force from the date on which the Patent
Office receives a written request from the patent owner.
A patent owner shall
inform the creator of his intention to refuse a patent.
In this case, the creator shall have a right of priority
to own the patent.
If a patent is the
subject of a licensing agreement, refusal of the patent
shall be possible only with the consent of the license
owner, unless otherwise provided for by agreement.
VI. FINAL PROVISIONS
Article 38.
Transfer of rights to a selection achievement
The right to obtain a
patent, rights stemming from the registration of an
application for the grant of a patent with the Patent
Office, and also rights stemming from a patent may be
transferred to any natural or legal person.
Rights may be transferred
on the basis of an agreement to assign rights or a
licensing agreement, and also by means of inheritance in
accordance with legislation.
An agreement to assign
the rights to a selection achievement and also a
licensing agreement shall be subject to registration
with the Patent Office.
Article 39.
Provision of the right to use a selection achievement
A variety or breed for
which a patent is granted may be the subject of a
licensing agreement.
Any natural or legal
person who is not a patent owner shall be entitled to
use a selection achievement protected by a patent, only
with the patent owner’s permission on the basis of a
licensing agreement.
A patent owner may submit
to the Patent Office a request to provide any person
with the right to use a selection achievement (open
license). In this case, the patent fee for maintaining
a patent in force shall be reduced by fifty per cent.
A request by a patent
owner to provide the right to an open license shall not
be withdrawn.
A person expressing the
wish to acquire an open license shall conclude a
licensing agreement with the patent owner.
A patent owner may
transfer the right to use a selection achievement, and
grant an exclusive or non-exclusive (simple) license.
In the case of an
exclusive license, a licensee shall obtain the exclusive
right to use a selection achievement within the limits
set by a licensing agreement, while the licensor shall
retain the right to use the selection achievement
insofar as it is not transferable to the licensee.
In the case of a
non-exclusive (simple) license, a licensor shall grant a
licensee the right to use a selection achievement and
shall retain all the rights stemming from the patent,
including to provide a license for other persons.
Article 40.
Compulsory license
If a patent owner does not
use a selection achievement in the Republic of
Uzbekistan for a period of three years from the date of
grant of a patent and refuses to conclude a licensing
agreement, and if the use of the selection achievement
in question affects public interests, a person wishing
to use this selection achievement may make a request to
the courts to grant him a compulsory license.
A compulsory license
shall be granted in the form of a non-exclusive (simple)
license and shall give its owner the right to obtain
from the patent owner original seeding, planting or
breeding material.
A compulsory license
shall be granted only to a person who may guarantee the
use of a selection achievement by accessible means and
in accordance with a license.
A compulsory license
shall not prevent a patent owner from using a protected
selection achievement or from granting a license for its
use to another person.
Article 41. Use of
a selection achievement
A selection achievement
shall be recognized as used, if seeds, planting or
breeding material produced, reproduced, brought up to a
variety or breeding level or subsequent propagation,
according to morphological, physiological and other
features, corresponds to the information contained in
the official description of a protected selection
achievement.
Article 42.
Patenting of selection achievements in other States
Natural and legal persons
of the Republic of Uzbekistan shall be entitled to
patent selection achievements in other States, in
accordance with the procedure established by
legislation.
Article 43. Rights
of foreign natural and legal persons
Foreign natural and legal
persons shall enjoy the rights provided for by this Law,
on an equal footing with natural and legal persons of
the Republic of Uzbekistan, or on the basis of the
principle of reciprocity.
Article 44.
Settlement of disputes
Disputes relating to the
creation, legal protection and use of selection
achievements shall be settled in accordance with the
procedure established by legislation.
Article 45.
Liability for infringement of the legislation on
selection achievements
Persons who have infringed
the legislation on selection achievements shall be
liable in accordance with the established procedure.
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