of August 6, 1993

PART I GENERAL PROVISIONS

Article 1 Definitions

For the purposes of this Law:

• "selection achievement" means a plant variety or an animal breed;








• "variety" means a plant grouping within a single botanical taxon,
  which grouping, irrespective of its protectability, can be defined by
  the expression of characteristics resulting from a given genotype or
  combination of genotypes and can be distinguished from any other plant
  grouping of the same botanical taxon by the expression of at least one
  of the said characteristics;








• the variety may be represented by a single plant or plants as well
  as a part or parts thereof provided such part or parts may be used for
  the purpose of reproduction of entire plants of the variety; variety
  shall be deemed to comprise the following protected categories: clone,
  line, first generation hybrid, population;








• "seeds" means a plant or parts thereof used for the purpose of reproduction
  of the variety;








• "plant material" means a plant or parts thereof used for purposes
  other than reproduction of the variety;








• "breed" means an animal grouping which, irrespective of its protectability,
  has genetically determined biological and morphological characteristics
  some of which are specific for the given grouping and distinguish it
  from other groupings. The breed may be represented by female or male
  animals or by breeding material; breed shall be deemed to comprise the
  following protected categories: type, crossing of lines;








• "breeding animal" means an animal used for the purpose of reproduction
  of a breed;








• "breeding material" means a breeding animal, gametes or zygotes (embryos)
  thereof;








• "marketable animal" means an animal used for purposes other than reproduction
  of the breed;








• "protected selection achievement" means a variety of plants or a breed
  of animals registered in the State Register of Protected Selection Achievements;








• "applicant" means a natural person or legal entity who has filed an
  application for the grant of a patent for a selection achievement.

Article 2 Legislation of the Russian Federation on
Selection Achievements

The legislation of the Russian Federation on the protection
of selection achievements shall consist of this Law, legal acts adopted
on the basis thereof by the constituent Republics within the Russian Federation
and implementing provisions enacted by the State authorities within their
competence.

Article 3 Legal Protection of Selection Achievements

Rights in a selection achievement shall be protected
by Law and shall be certified by a patent on a selection achievement.

The patent shall certify the exclusive right of the patent
owner to use the selection achievement.

The All-Russian State Commission for Testing and Protection
of Selection Achievements (hereinafter referred to as "the State Commission")
shall, in accordance with this Law, carry out an integrated policy in
the field of the legal protection of selection achievements in the Russian
Federation. It shall receive applications for the protection of selection
achievements, effect the examination, testing and registration thereof
in the State Register of Protected Selection Achievements and the State
Register of Selection Achievements Authorized for Use for Production Purposes,
grant patents and certificates of authorship, publish official information
relating to the protection of selection achievements and issue regulations
and implementing provisions under this Law, and shall perform other functions
specified in the Statute of the State Commission enacted by the Government
of the Russian Federation.

The activities of the State Commission shall be financed
from funds allocated for the purpose in the budget of the Russian Federation,
fees collected in relation to patents and payments made for services and
materials provided by the State Commission.

A selection achievement for which a patent has been granted
by the State Commission shall be registered in the State Register of Protected
Selection Achievements.

The scope of the legal protection conferred by a patent
on a selection achievement shall be determined by the sum of its essential
characteristics as contained in the description of the selection achievement.

The term of a patent on a selection achievement shall
be 30 years from the date of registration of the selection achievement
in the State Register of Protected Selection Achievements. For grapevines
and ornamental, fruit and forest trees, including rootstocks thereof,
the said period shall be 35 years.

PART II CONDITIONS OF PROTECTABILITY OF SELECTION ACHIEVEMENTS
AND THE PROCEDURE FOR FILING AN APPLICATION FOR THE GRANT OF A PATENT

Article 4 Conditions of Protectability of Selection
Achievements

(1)The patent shall be granted where the selection achievement
satisfies the criteria of protectability and relates to the botanical
or zoological genera and species a list of which shall be determined by
the State Commission subject to the international obligations of the Russian
Federation.

(2)The said criteria shall be the following:

(a)Novelty.

A plant variety or animal breed shall be deemed to be
new if, at the date of filing of the application for the grant of a patent,
the seeds or breeding material of the given selection achievement has
not been sold or otherwise disposed of to others, by or with the consent
of the breeder or his successor in title, for purposes of exploitation
of the selection achievement

(i)in the territory of the Russian Federation, earlier
than one year before that date;

(ii)in the territory of any other State, earlier than
four years or, in the case of grapevines and ornamental, fruit and forest
trees, earlier than six years before the said date.

(b)Distinctness.

A selection achievement shall be clearly distinct from
any other commonly known selection achievement existing at the time of
the filing of the application.

Commonly known selection achievements may be those which
have been entered in an official register of selection achievements or
reference files, or of which a precise description has been published.

The filing of an application for the grant of a patent
or an authorization to use the selection achievement shall likewise render
that selection achievement a matter of common knowledge from the date
of the application, provided that the application leads to the grant of
the patent or the authorization.

(c)Uniformity.

A plant variety or animal breed shall be sufficiently
uniform in its relevant characteristics, subject to the variation that
may be expected from the particular features of its propagation or reproduction.

(d)Stability.

A selection achievement shall be deemed stable if its
relevant characteristics remain unchanged after repeated propagation or
reproduction or, in the case of a particular cycle of propagation or reproduction,
at the end of each such cycle.

(3)Notwithstanding the provisions of paragraph (2)(a)
of this Article, protection may be granted to varieties and breeds which,
at the date of entry of the corresponding genus and species in the list
of protected selection achievements, have been registered in the State
Register of Selection Achievements Authorized for Use for Production Purposes.
The priority of the selection achievement shall be determined by the date
of receipt by the State Commission of the application containing the request
for the grant of an authorization to use the said selection achievement.

The term of a patent provided for in Article 3 shall
be reduced in relation to such selection achievement by the period starting
from the year in which the authorization to use has been granted and ending
in the year in which a patent has been granted. No provisional protection
provided for in Article 15 shall apply for such selection achievements.

Article 5 Application for the Grant of a Patent

The right to file an application for the grant of the
patent shall belong to the breeder or his successor in title. The application
shall be filed with the State Commission.

Where a variety or breed has been developed, bred or
discovered in the line of duty, the right to file an application for the
grant of the patent shall belong to the employer unless otherwise provided
in the employment contract.

Where there are several persons who jointly bred, developed
or discovered the same selection achievement or who are the joint successors
in title thereof, they may file the application jointly.

Applications may be filed through patent agents, whose
powers shall be certified in a power of attorney, and who shall act in
all proceedings conducted for the grant of patents.

No staff member of the State Commission or its affiliates
located in the constituent Republics within the Russian Federation, autonomous
regions or areas shall have the right to file an application for the grant
of a patent for the duration of his employment contract.

The application for the grant of a patent shall contain:

• –the request for the grant of a patent,








• –the particulars of the selection achievement,








• –proof of payment of the prescribed fee or of circumstances affording
  entitlement to exemption from payment, or to a reduction in the amount
  of the prescribed fee.

Requirements for the above-mentioned documents shall
be established by the State Commission.

The application shall relate to one single selection
achievement.

Where the application is filed by the employer, it shall
be accompanied by proof of a contract concluded with the author of the
selection achievement in conformity with the provisions of the paragraph
2 of this Article.

Documents for the application shall be written in Russian
or another language. Where they are written in a language other than Russian,
the application shall be accompanied by a Russian translation of those
documents.

Article 6 Denomination of Selection Achievement

The selection achievement shall be designated by a denomination
proposed by the applicant and approved by the State Commission.

The denomination must enable the selection achievement
to be identified. It must be short and different from every denomination
which designates an existing selection achievement of the same or of a
closely related plant or animal species. It may not consist solely of
figures. It must not be liable to mislead concerning the characteristics,
origin or value of the selection achievement or the identity of the breeder.
It must not be contrary to humanitarian principles or morality.

Where the denomination proposed by the applicant does
not satisfy the requirements of this Article, he shall be required to
submit another denomination within the period prescribed by the State
Commission.

Any person who uses the protected selection achievement
shall be required to use the denomination thereof registered in the State
Register of Protected Selection Achievements.

The denomination may be changed with the consent of the
State Commission where valid reasons are supplied in support of the change.

Article 7 Priority of the Selection Achievement

The priority of the selection achievement shall be determined
by the date of receipt by the State Commission of the application for
the grant of a patent or of the request for the grant of an authorization
to use the selection achievement.

Where two or more applications claiming the same selection
achievement are received by the State Commission on the same day, the
priority shall be determined by the application whose sending date is
earlier. Where the examination finding is that the said applications have
the same sending date, the patent may be granted on the application having
an earlier registration number with the State Commission, unless the agreement
between the applicants provides otherwise.

Where an application with the State Commission was preceded
by an application filed by the applicant in any State party to an agreement
for the protection of selection achievements concluded with the Russian
Federation, the applicant shall enjoy the priority of the first application
within 12 months from the filing date thereof.

The applicant shall, when filing the application with
the State Commission, indicate the date of priority. Within six months
following the date of receipt of the application by the State Commission,
the applicant shall be required to furnish a copy of the first application
duly certified by the competent authority of the State where it has been
filed. That copy should be accompanied by a translation thereof in Russian.
Where the applicant complies with the said conditions, he shall not be
required to furnish the additional documents and any material necessary
for the purposes of testing for a period of three years following the
filing date of the first application.

PART III EXAMINATION OF PROTECTABILITY OF SELECTION
ACHIEVEMENTS

Article 8 Preliminary Examination of Patent Applications

A preliminary examination shall be carried out within
a period of one month in order to determine the priority date and to verify
the presence of the required documents and their compliance with the prescribed
conditions.

The State Commission may request the applicant to furnish,
within the prescribed time limit, missing or corrected documents relating
to the application.

During the preliminary examination the applicant may,
on his own initiative, supplement, clarify or correct any part of the
application.

If the applicant fails, within the prescribed time limit,
to furnish the corrected documents or documents missing at the filing
date, the application shall be rejected and the applicant shall be notified
accordingly.

Where the applicant wishes to contest the decision taken
in the preliminary examination, he may do so, within three months following
the date of receipt of the decision, by lodging an appeal with the courts.

Where the preliminary examination of an application has
produced a favorable result, the applicant shall be notified to the effect
that his application has been accepted.

The particulars of the accepted applications shall be
published in the Official Gazette.

Article 9 Examination of Novelty of the Selection
Achievement

Any interested party may, within six months following
the date of publication of the particulars of the application, file with
the State Commission a notice of opposition contesting the novelty of
the claimed selection achievement.

The State Commission shall notify the applicant of the
notice and give the essential grounds of the opposition. In the case of
disagreement with the notice of opposition the applicant may, within three
months from the date of receipt of the said notice, lodge an appeal with
the State Commission stating the grounds thereof.

The State Commission, on the basis of all available documents,
shall take a decision and shall notify the interested parties accordingly.

Where the claimed selection achievement does not comply
with the condition of novelty, a decision to refuse the patent grant shall
be taken.

Article 10 Testing Distinctness, Uniformity and Stability
of the Selection Achievement

Testing of the selection achievement as to its compliance
with the conditions of distinctness, uniformity and stability shall be
carried out in accordance with a methodology and within the periods prescribed
by the State Commission.

The applicant shall furnish a quantity of seeds or breeding
material required for the purposes of testing and shall deliver the same
to the address specified and within periods prescribed by the State Commission.

The State Commission may take into account the results
of tests which have been carried out by the competent authorities of other
States on the basis of bilateral agreements, the results of tests which
have been carried out by other organizations of the Russian Federation
on the basis of contracts concluded with the State Commission, as well
as data provided by the applicant.

Where the selection achievement is found to comply with
the requirements of protectability and its denomination is found to meet
the conditions prescribed in Article 6 of this Law, the State Commission
shall take a decision to grant the patent and shall make the description
of the selection achievement.

PART IV PROTECTION OF SELECTION ACHIEVEMENTS

Article 11 Registration of a Selection Achievement

The State Register of Protected Selection Achievements
shall include the following entries:

• –genus and species of the variety or breed;








• –denomination of the variety or breed;








• –date of registration of the selection achievement and registration
  number thereof;








• –family name, forenames and patronymic of the patent owner and his
  address;








• –family name, forenames and patronymic of the author of the selection
  achievement and his address;








• –information on the act of assignment of the patent to another person
  indicating his family name, forenames and address;








• –information on the grant of any exclusive, open or compulsory license;








• –date of expiration of the patent stating the grounds thereof.

Article 12 Patent

The patent shall be granted to the applicant. Where several
applicants are indicated in the request for the grant of a patent, the
patent certificate shall be granted to the applicant whose name is mentioned
first. The conditions for the joint exercising of the rights conferred
by the patent shall be determined by agreement between them.

In the case of loss or damage of the patent certificate
a duplicate may be issued subject to the payment of the prescribed patent
fee.

Article 13 Rights of the Patent Owner

(1)The exclusive right of the patent owner shall mean
that any person who wishes to perform the following acts in respect of
the seeds of the protected variety or breeding material of the protected
breed shall be required to obtain a license from the patent owner:

• (a)production or reproduction,








• (b)conditioning for the purpose of propagation,








• (c)offering for sale,








• (d)selling or other marketing,








• (e)exporting from the territory of the Russian Federation,








• (f)importing into the territory of the Russian Federation,








• (g)stocking for any of the aforementioned purposes.

(2)The right of the patent owner shall also extend to
plant material produced from the protected seeds or marketable animals
bred from the protected breeding animals which have been put on the market
without the authorization of the patent owner.

(3)The authorization of the patent owner shall be required
for the performance of acts specified in paragraph (1) of this Article
in relation to

• (a)seeds of varieties or breeding material of breeds which are essentially
  derived from the protected (initial) variety or breed, where the protected
  variety or breed is not itself an essentially derived selection achievement,








• (b)seeds of varieties or breeding material of breeds which are not
  clearly distinguishable from the protected variety or breed,








• (c)seeds of varieties whose production requires the repeated use of
  the protected variety.

A selection achievement shall be deemed to be essentially
derived from another (initial) selection achievement when, being clearly
distinguishable from the initial variety or breed,

• –it is predominantly derived from the initial selection achievement,
  or from a selection achievement that is itself predominantly derived
  from the initial selection achievement, while retaining the expression
  of the essential characteristics that result from the genotype or combination
  of genotypes of the initial selection achievement,








• –except for the differences which result from the act of derivation,
  such as individual selection from the initial selection achievement,
  selection of an induced mutant, backcrossing, or transformation by genetic
  engineering, it conforms to the genotype or combination of genotypes
  of the initial selection achievement.

Article 14 Acts Not Infringing the Rights of the Patent
Owner

The performance of the following acts in respect of the
protected selection achievements shall not constitute an infringement
of the rights of the patent owner:

• (a)acts done privately and for non-commercial purposes,








• (b)acts done for experimental purposes,








• (c)the use as the initial material for the purpose of breeding other
  varieties and breeds, as well as acts referred to in Article 13(1) of
  this Law in relation to the selection achievements so bred, except for
  the cases provided for in Article 13(3),








• (d)the use, for the duration of two years, of the plant material gained
  on farms as seeds for the propagation of the variety on their own holdings
  (a list of plant genera and species shall be determined by the Government
  of the Russian Federation),








• (e)the reproduction of marketable animals for purposes of use on given
  farms,








• (f)any acts in relation to seeds, plant material, breeding material
  and marketable animals which have been sold or otherwise marketed by
  the patent owner or with his consent, unless such acts











• –involve further propagation of the variety or further reproduction
  of the breed in question or








• –involve an export from the territory of the Russian Federation
  of plant material or marketable animals, which enables the propagation
  of the variety or the reproduction of the breed, into a country which
  does not protect the genus or species to which the variety or breed
  belongs, except where the exported material or animals are for final
  consumption purposes.

Article 15 Provisional Legal Protection of Selection
Achievements

During the period between the date of receipt of the
application by the State Commission and the date of the grant of the patent
the applicant shall enjoy provisional legal protection of his selection
achievement.

After the patent has been granted the patent owner shall
be entitled to compensation from any person who, during the period of
the provisional legal protection, has performed without the authorization
of the owner of the patent acts specified in Article 13(1) of this Law.

During the period of the provisional legal protection
of the selection achievement the applicant shall be authorized to sell
or otherwise furnish seeds of the variety or breeding material of the
breed for scientific purposes or where such acts are performed in connection
with the assignment of rights in a selection achievement, or where the
production of seeds or breeding material is commissioned by the applicant
for the purpose of the creation of stocks.

The provisional legal protection shall be deemed never
to have been granted where the applicant or any other person with his
consent has failed to comply with the said conditions.

PART V THE USE OF SELECTION ACHIEVEMENTS

Article 16 License Contract

Under a license contract (exclusive or non-exclusive
license) the owner of a patent (the licensor) grants, against the payments
specified in the contract or gratis, the right to use the selection achievement
to another person (the licensee).

An exclusive license contract affords the licensee the
exclusive right to use the selection achievement within the limits specified
in the contract beyond which the licensor retains the said right.

A non-exclusive license contract allows the licensor
to retain all rights deriving from the patent on the selection achievement
including the right to grant licenses to third parties.

A license contract shall be concluded in writing.

An exclusive license contract shall be effective after
its registration with the State Commission.

Article 17 The Right of the Licensee

The licensee shall have the right, during the life of
the patent, to use the protected selection achievement in the territory
of the Russian Federation and to perform acts stipulated in Article 13(1)
of this Law, except where the license contract provides otherwise.

The licensee may not transfer the license to third parties
neither may he grant a sublicense, except where the license contract provides
otherwise.

Article 18 Terms and Conditions of the License Contract
Limiting the Rights of the Licensee

No terms and conditions of the license contract shall
impose limitations on the licensee unless they arise out of the rights
conferred by the patent or are necessary to maintain it in force.

Article 19 Open License

The owner of a patent may publish in the Official Gazette
of the State Commission a notice to the effect that he undertakes to grant,
subject to the payment of the amounts specified in the notice, a license
to use the selection achievement to any interested party as from the date
the latter has notified the patent owner of his intention.

The State Commission shall register the grant of an open
license in the State Register of Protected Selection Achievements with
the specified amount of payments.

In such a case the maintenance fee shall be reduced by
50% as from January 1 of the year following the year of publication of
the notice relating to the offering of an open license.

At the request of the patent owner and subject to the
consent of all the holders of an open license the State Commission shall
register the lapse of the open license in the State Register of Protected
Selection Achievements.

Article 20 Compulsory License

Any person may file an application with the State Commission
requesting the grant of a compulsory license.

The State Commission shall only grant a compulsory license
where the following conditions are fully met:

• (a)the application requesting the grant of a compulsory license has
  been filed after three years have passed since the date of the patent
  grant;








• (b)the patent owner has refused the applicant the right to produce
  or market the seeds or breeding material or does not intend to grant
  the right;








• (c)there are no legitimate reasons hindering the patent owner from
  granting the applicant the right to use his selection achievement;








• (d)a person requesting the grant of a compulsory license has produced
  proof of being in a position, both financially and otherwise, to use
  the license in a competent and efficient manner;








• (e)the amount of the prescribed fee for the grant of a compulsory
  license has been paid.

The compulsory license may confer on the licensee the
right to perform acts referred to in Article 13(1) of this Law. In such
a case the patent owner shall retain all the rights deriving from a selection
achievement patent.

When granting a compulsory license the State Commission
shall fix the amounts to be paid by the licensee to the patent owner.

At the request of the State Commission the patent owner
shall furnish the licensee, against payment of monetary compensation and
on reasonable terms, with seeds of the variety or breeding material of
the breed in a quantity sufficient for the purposes of the compulsory
license.

The State Commission shall grant a compulsory license
for a period not exceeding four years. The said period may be extended
if the inspection finds that the grounds prevailing at the time the compulsory
license was granted still exist.

The State Commission shall revoke a compulsory license
if its owner has infringed the terms under which the license had been
granted.

A decision to grant or revoke a compulsory license taken
by the State Commission may be contested in the courts.

When taking a decision the courts may modify the initial
terms of the grant of a compulsory license determined by the State Commission.

Article 21 The Right of a Licensee to start Legal
Proceedings

Where the rights of the patent owner are infringed, the
licensee has the right to start legal proceedings in the prescribed manner.

PART VI THE RIGHTS OF AN AUTHOR OF A SELECTION ACHIEVEMENT

Article 22 The Certificate of Authorship

The certificate of authorship shall attest the authorship
of a selection achievement and the entitlement of the author to remuneration
to be paid by the patent owner for the use of the selection achievement.

The State Commission shall issue a certificate of authorship
to each author who is not the patent owner.

A natural person whose creative work resulted in the
breeding, development or discovery of a selection achievement shall be
recognized as the author thereof.

Any disputes arising from the authorship shall be referred
to the courts.

Article 23 Remuneration to be Paid to the Author of
a Selection Achievement who is not the Patent Owner

The author of the selection achievement shall, for the
life of the patent, be entitled to remuneration to be paid by the patent
owner for the use of the selection achievement bred, developed or discovered
by him. The amount of remuneration and the terms of the payment shall
be stipulated in a contract between the patent owner and the author. The
amount of remuneration shall not be less than 2 per cent of the annual
proceeds derived by the patent owner from the use of the protected selection
achievement, including the earnings derived from the sales of licenses.

Where a variety or breed is bred, developed or discovered
by two or more authors, their shares of remuneration shall be determined
by agreement between them.

The remuneration shall be paid to the author within six
months after the end of each year in which the selection achievement is
used.

If the remuneration is not paid on time, the patent owner
shall pay the author, for each day's delay, a monetary penalty the amount
of which shall be stipulated in the contract.

PART VII REGULATION BY THE STATE OF THE CREATION AND
USE OF SELECTION ACHIEVEMENTS

Article 24 Promotion by the State of the Creation
and Use of Selection Achievements

The State shall promote the creation and use of selection
achievements and shall grant authors thereof and economic entities using
such varieties and breeds tax advantages, favorable credit terms and other
benefits under the legislation of the Russian Federation.

The breeding activities shall be of prior importance
and shall be financed from the Republican budget of the Russian Federation.

Any profits (proceeds), including foreign currency earnings
derived by the patent owner and the licensees from the use of a protected
selection achievement, shall be exempt from taxation for two years after
the variety or breed has been authorized for use. For grapevines and ornamental,
fruit and forest trees, including rootstocks thereof, the said period
shall be five years.

Profits (proceeds) gained by an organization financed
from the State budget through the use of a selection achievement remain
entirely at the disposal of the organization.

Article 25 Maintenance of Selection Achievements

The patent owner shall, throughout the life of the patent,
maintain the variety or breed in such a way that all characteristics defined
in the description of the variety or breed at the date of registration
thereof in the State Register of Protected Selection Achievements are
maintained.

At the request of the State Commission the patent owner
shall furnish seeds of the variety or breeding material of the breed for
the purposes of testing a new variety or breed and provide the opportunity
for in situ inspection.

Article 26 Revocation of Patent

Any natural person or legal entity may request the State
Commission to revoke the granted patent.

The State Commission shall bring a copy of the request
to the attention of the patent owner. The patent owner may, within three
months from the date of receipt of the said copy, furnish his reply stating
valid reasons in support of the grant.

The State Commission shall take a decision on the request
within six months unless additional testing is required.

The State Commission shall revoke the patent when it
is established

• (a)that the patent has been granted on the basis of unconfirmed information
  with respect to uniformity and stability of the selection achievement
  provided by the applicant;








• (b)that the conditions of novelty or distinctness were not complied
  with at the date of the grant of the patent;








• (c)that the person who appears in the patent document as the owner
  of the patent has not had a legal basis for receiving the patent.

Article 27 Cancellation of Patent

The State Commission shall cancel the patent if it is
established that the selection achievement no longer meets the conditions
of uniformity and stability, that the patent owner has failed, within
the 12 months period, to provide at the request of the State Commission
seeds, breeding material, documents or information necessary for the control
of the maintenance of the selection achievement or to provide an opportunity
for in situ inspection for this purpose;

• that the patent owner has failed to pay, within the prescribed time
  limit, the maintenance fee;








• that the patent owner has failed to propose, where the denomination
  of the variety is cancelled, another suitable denomination.

Article 28 Liability for Infringement of the Rights
of Patent Owners

Any natural person or legal entity who uses the selection
achievement in a manner contrary to the requirements prescribed by this
Law shall be deemed an infringer of the rights of the patent owner.

At the request of the patent owner or the State Commission,
the infringement of the patent shall cease and the owner of the patent
shall be compensated by the infringer for damages sustained.

Damages may also be claimed by the owner of an exclusive
or non-exclusive license except where the license contract provides otherwise.

Article 29 Liability for Infringement of Other Rights
of the Patent Owner and the Breeder

(1)Any natural person or legal entity who:

• (a)uses for the produced and/or sold seeds or breeding material a
  denomination which is different from the registered denomination of
  that selection achievement;








• (b)uses for the produced and/or sold seeds or breeding material the
  denomination of a registered selection achievement where the said seed
  or breeding material is not that of the registered selection achievement;








• (c)uses for the produced and/or sold seeds or breeding material a
  denomination which is so similar to the denomination of a registered
  selection achievement that it is misleading;








• (d)makes a false entry in the State Register of Protected Selection
  Achievements or in reports or causes it to be made therein;








• (e)forges or prepares the forgery of documents to fulfill the conditions
  required under the provisions of this Law, or instigates such forgery
  or its preparation;








• (f)furnishes documents containing false information on the selection
  achievement;








• (g)sells the seeds or breeding material without the certificate, shall
  be deemed to be infringing other rights of the patent owner.

(2)Persons committing the acts referred to in paragraph
(1) of this Article shall be responsible under the legislation in force.

(3)Any dispute arising from the application of this Law
shall be referred to the courts.

Article 30 Publications

(1)The State Commission shall publish an Official Gazette
containing the following information:

• (a)the particulars of applications for the grant of a patent received,
  stating the priority date of the selection achievement, the name of
  the applicant, the denomination of the selection achievement, the name
  and forenames of the author where the latter has not waived his right
  to be identified in that capacity;








• (b)any decision taken in respect of an application;








• (c)any change in the denomination of a selection achievement;








• (d)any decision for revocation or cancellation of patents;








• (e)any other information relating to the protection of selection achievements.

(2)Any natural person or legal entity shall have the
right to inspect the documents of an application received once the particulars
of the application and any decision in respect thereof have been published.

Article 31 Appeals Against Decisions Taken by the
State Commission

Any decision to grant a patent, to refuse a grant, or
to revoke or cancel a patent taken by the State Commission may be contested
in court proceedings.

Article 32 The Use of Selection Achievements

The entry of plant varieties and animal breeds in the
State Register of Selection Achievements Authorized for Use for Production
Purposes shall be effected by the State Commission on the basis of the
results of State tests carried out in order to determine the economic
utility of the selection achievement.

With regard to specific genera and species a list of
which shall be determined by the State Commission, the entry in the State
Register of Selection Achievements Authorized for Use for Production Purposes
shall be effected on the basis of expert evaluation and information provided
by the applicant.

Seeds or breeding material marketed in a given region
of the Russian Federation shall be supported by a certificate attesting
the variety or breed, origin and quality thereof. The certificate shall
be issued only for seeds of the variety or breeding material of the breed
which has been authorized for use in that region.

No authorization for use in a given region shall be required
for the reproduction of seeds or breeding material intended for the purpose
of export from that region.

With respect to selection achievements registered in
the State Register of the Protected Selection Achievements, the certificate
shall only be issued in support of seeds or breeding material which has
been procured on legitimate grounds.

A request for the grant of an authorization to use a
plant variety or animal breed shall be filed with the State Commission.
The request shall be accompanied by a description of the selection achievement,
a guarantee to provide free of charge seeds or breeding material thereof
in the quantity necessary for the purposes of testing, proof of payment
of the prescribed filing fee, a guarantee to pay the prescribed fee for
carrying out State tests in order to determine the economic utility of
the selection achievement.

In order to carry out the State economic utility tests
of a plant variety in the next agricultural season, the request shall
not be filed later than the time limit prescribed by the State Commission.

Article 33 Patent Fees

Fees shall be collected for the performance of any legal
acts in relation to selection achievement patents. The patent fees shall
be payable to the State Commission. A list of acts for which fees are
payable, the amounts of the fees and the time limits for the payment thereof,
and also the conditions governing exemption from fees and the reduction
or reimbursement of fees, shall be determined by the Government of the
Russian Federation.

PART VIII INTERNATIONAL COOPERATION

Article 34 The Right to File an Application Abroad

The breeder or his successor in title shall have the
right to file an application for the grant of a selection achievement
patent with a competent authority of any foreign State.

The cost of obtaining a protection right for a selection
achievement shall be borne by the applicant.

Article 35 Rights of Foreign Natural Persons and Legal
Entities

Foreign natural persons and legal entities shall, on
the basis of international treaties to which the Russian Federation is
party, or on the basis of reciprocity, enjoy the rights provided for in
this Law and regulatory acts of the Russian Federation in the field of
protection of selection achievements on the same footing as natural persons
and legal entities of the Russian Federation.

Article 36 The Effect of International Treaties

Where an international treaty to which the Russian Federation
is party contains provisions different from those specified in this Law,
the former shall prevail.