COUNTRY : RUSSIAN FEDRATION
CAPITAL : MOSCOW
LANGUAGE : RUSSIAN
INTERNATIONAL TREATIES TO WHICH RUSSIA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Russia are protected by way of patents:
Law on the Protection of Selection Achievement, that is, Plant Variety Protection Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- New Plant Varieties
- Clones, Lines, First Generation Hybrids Population
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- Lengthy or very long
- Similar to existing denominations in a member state.
- Likely to cause offence.
- Liable to mislead the identity, origin, characteristics, value of the variety.
- Does not aid in identifying the plant variety.
- Contrary to human principles and morality.
- Denomination not fulfilling the requirements shall be refused and the applicant to propose another denomination within stipulated time.
ParityPatents Law Firms through its Attorney and Law Firms in Russia is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Breeders i.e., Creators or Joint Creators of the variety
- Natural or Legal Persons as contracted with by the creator and as mentioned in the application
- Successors in title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Request for grant of plant patent as per form
- Particulars of the selection achievement
- Completed technical questionnaire as set out
- Power Of Attorney where application is filed through a patent attorney or agent
- Proof of payment
- Priority details if any
- Application to be in Russian or translated
- Such other particulars (if any) as required by the authorities.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is submitted to Preliminary examination.
- The application is examined for compliance with all the requisites.
- Missing documentation is to be furnished by the applicant and all amendments and corrections to be made within stipulated time period.
- Application is published in the gazette post preliminary examination.
- Substantial examination is then carried out to determine patentability of the variety.
- During substantial examination, the authorities may carry out their own tests, rely on tests carried out by member states or on tests conducted by or on behalf of the applicant, by designated international authorities.
- Variety found to be in compliance with all the requirements, selection achievement is granted patent.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Owners of the registered plant variety may undertake:
- Production and Multiplication of the propagating material
- Conditioning the propagating material for the purposes of propagation
- Sale, Market, Export, Import the material • Assign, Sell, Transfer the material to other parties
- Stock the propagating material for all of the above acts
The Plant Variety Protection holder will have the following rights as well:
Exclusive and Non – Exclusive Licenses: wherein, the applicant may conclude these licenses with third parties to use the rights in the protected plant variety which are effective after registering with the authorities.
Open Licensing: wherein: -The owner of the plant variety to communicate with the Patent Office by way of publication in the official gazette by which he undertakes to grant rights to use the plant variety by way of non-exclusive license. – Interested persons may then conclude a licensing agreement with the plant variety owner. – This form of licensing will carry a reduced maintenance fee of 50%
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Compulsory Licenses: is issued by the authorities 3 yrs. post grant of registration of the plant variety when:
- The plant variety patent owner refuses applicant’s request seeking to produce, market seeds or breeding material and does not intend to grant the rights therein.
- There being no legitimate and obvious reasons hindering the patent owner from granting the applicant rights to use the selection achievement.
- The person seeking grant of license proves financial capability and competency to effectively and efficiently utilise the license if granted.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Russia, can assist you comprehensively with PBR Compulsory Licence matters.