MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PLANT VARIETIES REGISTRATION IN KAZAKHSTAN

The Kazakh legislation stipulates the occurrence of the following rights on plant variety:

  • the authorship right on plant variety;
  • the exclusive right on plant variety;
  • the permission to use the plant variety.

The Certificate about the authorship on plant variety, the Patent on the plant variety and the Permit to use the variety act as the evidence of the above-indicated rights on the plant variety correspondingly.

It is necessary to provide the following documents and information for plant breeder's right registration in Kazakhstan:

  • general information as for the variety as well as about the breeder(s), applicant(s), applications filed in other countries, if any, etc.;
  • technical questionnaire, containing detailed information about the variety characteristics, method of propagation of the variety, indexes of distinctness of the variety from similar variety(ies), special conditions for growing the variety, main use of the variety, breeding scheme, information on plant material to be examined, etc.;
  • copy of the priority application, if any;
  • data concerning the tests conducted by the applicant in another country, if any;
  • declaration of the applicant confirming that the variety has not been sold and used as well as that the variety corresponds to the novelty criteria;
  • Power of Attorney, that should be signed and stamped by the applicant and also certified by notary and be legalised by Apostille;
  • document of evidence of the applicant's right for filing the application if the applicant and the breeder are not the same;
  • photographs of the plant and its organs, that indicate variety main characteristics.

The plant variety registration procedure in Kazakhstan is the following:

After filing of all required documents the application on plant variety undergoes the formal examination which may last for about three to six months. The Official Notification about positive results of formal examination is issued in case application materials are provided in full extent and correspond to the requirements of Kazakh legislation.

After the preliminary examination is completed the substantive examination starts. The substantive examination includes the following steps:

1) examination of the application materials;

2) examination of the denomination of the variety;

3) examination of novelty of the variety (a variety shall be considered novel if, prior to the date on which the application is considered to have been filed, the applicant (breeder) or other person with his permission has not sold or transferred by any other method the material of the variety for commercial use: on the territory of Kazakhstan - one year prior to this date; on the territory of another State - in relation to timber, shrubs and vines for six years and, as regards other types of plants, four years prior to this date. Article 4, Law of Republic of Kazakhstan on the Protection of Selection Achievements);

4) laboratory tests;

5) examination of compliance of the variety with the criteria of distinctness, uniformity and stability;

6) examination on the economic utility.

It may be not necessary to conduct the examination of DHS in case the applicant provides the results of the technical examination carried out in other country and the expert concluded that provided information is sufficient.

The Patent on plant variety is issued in case of the positive results of the corresponding examination for compliance with the criteria of patentability as well as the examination on the economic utility and after payment of the corresponding grant and registration fees.

If the variety does not meet the requirement of novelty, but the positive result of the substantive examination is issued based on the rest of the requirements of patentability, the applicant obtains the Permit to use the plant variety.

The exclusive right on plant variety shall be the right to authorize and/or prohibit, or perform the following with respect to said plant variety:

  • production and reproduction;
  • conditioning for the purpose of propagation;
  • offering for sale, alienation or other transfer of rights;
  • exporting;
  • importing;
  • stocking of propagation material for the purposes mentioned above.

Our firm would be pleased to provide services on plant varieties registration in Kazakhstan. For further information in respect of the above-mentioned issues, please do not hesitate to contact us.

Almaty

155, Esenberlina Str., off. 322

Medeusky District

Almaty, A25M9X5

Kazakhstan

Fax: + 7 (727) 273 05 61

Email: office@msp.kz