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22 January 2014

The Law sets forth in the new edition of the Law of the Republic of Belarus of April 13, 1995 “On Patents for Plant Varieties” and amends the Civil Code of the Republic of Belarus:

  • makes it possible to protect plant varieties of all genera and species;
  • clarifies terms “Plant Variety”, “service plant variety”, “author”, adds terms “seeds”, “plant material”, “essential features”, “official description of the plant variety”, “botanical taxon”, “Official Bulletin”;
  • concretizes provisions for determining the scope of legal protection conferred by a patent on a plant variety (defines the set of essential features of a plant variety, contained in the official description of a plant variety);
  • clarifies provisions concerning relations arising in connection with the creation of service plant variety;
  • concretizes provisions for filing a patent application for a plant variety (hereinafter - application): the range of persons who may apply for an application is limited (the applicant by him/herself or through a patent attorney registered with the Patent Office), the State Committee on Science and Technology of the Republic of Belarus is authorized to establish requirements for the registration of the application (currently by the Council of Ministers);
  • concretizes provisions concerning a plant variety name: it is provided for the establishment by the Council of Ministers of the Republic of Belarus requirements to the plant variety name, not reflected in the Law, it is required the consent of the author (authors) of a plant variety to a plant variety name, including a change of the name. The order of consent confirmation of the author (authors) of a plant variety to the plant variety name is set by the State Committee on Science and Technology of the Republic of Belarus;
  • concretizes provisions for examination of an application: legal status of the state institution “State Inspection for Testing and Protection of Plant Varieties” is specified; the period is reduced from twelve to three months for filing duly registered documents upon the request of the Patent Office, period for publication of information about the application and publication of information about the patent is reduced from six months to three; it is provided for approval by the Ministry of Agriculture and Food of the Republic of Belarus of the list of genera and species of plant varieties in respect of which the State Inspection for Testing and Protection of Plant Varieties will held field or other tests in respect of a plant variety;
  • concretizes provisions relating to the registration of a plant variety and grant of a patent: it is provided for the time distance between registration of a plant variety and grant of a patent, deadline for registration of a plant variety is set - 10 working days (heretofore plant variety registration deadline has not been set), it is provided for the possibility of amending by the Patent Office of errors and mistakes committed by the Office in a record of a plant variety registration in the State Register of Protected Plant Varieties of the Republic of Belarus without paying by the patentee of a patent fee;
  • concretizes provisions concerning the author’s (coauthor’s)  rights of a plant variety, as well as rights and obligations of the patentee. The exclusive right to a plant variety is carried out by the patentee during the patent valid period from the date of registration of a plant variety in the State Register of Protected Plant Varieties of the Republic of Belarus;
  • establishes consequences of the recognition of the invalid patent and provides the possibility to appeal the decision of the patent Office on the early termination of a patent;
  • concretizes provisions for transition and transfer of plant variety rights, as well as the use of a plant variety;
  • concretizes provisions for infringement of the exclusive plant variety right and enforcement of  plant variety rights.

The Law comes into force on 12 July 2014.

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