Plant Varieties and Animal Breeds (Selection invention)
Selective achievements are types of plants and animal breeds registered in the National Registry of Protected Selection Achievements. Types of plants mean determined from peculiar characteristic of a specific genotype and having differences from one or more plant of the groups of the same botanic sippe An animal breed is understood as group of animals, characterized by genetically conditioned biological and morphological characters and features that distinguish them from other groups of animals. Objects of selection invention are biological objects obtained as a result of purposive selection produced by humans and having genetic differences from other similar objects.
Protectability of selection achievements implicates specific criterion, , novelty, distinctness, homogeny and stability. Types of plants and animal breed are considered novel if, at the date of application for the grant of a patent the breeder or his legal successors or other persons (with consent of legal successor) did not sell or otherwise distribute pedigreed material or seeds. Selection invention has distinctness, if at the time of filing an application it differs from other generally known selection inventions existing by the time of grant of a patent. Homogeneous are considered to be plants of the same species or animals of the same breed, which are fairly homogeneous in their characteristics, including individual deviations related to peculiarity of reproduction. The selective achievement is stable if, after repeated reproduction, all the main characteristics remain unchanged.
The author of the selection achievement is an individual whose creative work has created, maintained or revealed a selection invention. Unless otherwise proven, the author is the person indicated as the author in the application for the grant of a patent for selection invention. The author of the selection invention has the right to certify his authorship by obtaining an certificate of authorship issued by the executive authority on selection invention. The author of the selection invention has the right to receive a commission from the patent holder for the use of the selection invention created or revealed by him during the term of the patent. And agreement on the amount and terms of payment of commission should be drawn up patent owner and author.
Since selection inventions are nowadays created by groups or entire collectives, the breeders participated in selection invention are acknowledged coauthors regardless of stage of involvement. Unless otherwise provided by the contract, any of the coauthors has the right to use the selection invention at their own discretion.
The right for a selection invention is drawn up by composing and filing an application to the State Commission which, in turn, examines the application and decides whether to grant the patent or to deny. In addition, selection invention are examined for economic utility and then is registered in the State Register of Selection Inventions. The patent for the selection invention is valid for 30 years and 35 years for varieties of grapes and forest berries, as well as wood, fruit and decorative crops.