Breeding achievement is the result of creative activity in the field of creation of biologically new objects with certain properties, to which, in the prescribed manner, the exclusive right of a natural and legal person is recognized by officially recognizing it as such after completing certain actions - drafting an application for issuing a protection document, submitting it to the authorized body, examination of the application, the testing of the declared object and the decision of the said body to issue a protection document.
Content
The concept of breeding achievements and the conditions of protectability
A special kind of objects of patent and legal protection are selection achievements, i.e. plant varieties and animal breeds.
The legal protection of breeding achievements is in many respects similar to the protection of industrial property objects. In addition, in many countries, breeding achievements are protected by patent law. In order to acquire legal protection, breeding achievements must meet the following criteria:
- Novelty . A variety or breed is considered new if, at the filing date of the application for the grant of a patent, the breeder did not sell or transfer the seeds or breeding material of the breeding achievement to other persons;
- Distinctness The selection achievement must be clearly different from any other well-known selection achievement that exists at the time of application;
- Uniformity . Plants varieties, animal breeds must be fairly uniform in their characteristics, taking into account individual deviations that may occur in connection with the characteristics of reproduction;
- Stability A selection achievement is considered to be stable if its main characteristics remain unchanged after repeated reproduction or, in the case of a special reproduction cycle, at the end of each reproduction cycle.
Subjects of breeding achievement rights
The subjects of the rights to selection achievements are the authors, patent holders, originators. The author of a selection achievement (breeder) is an individual - the creator of the selection achievement. The author may transfer his right to another person, therefore, in the future, the patent owner may be another person. The originator of an agricultural plant variety is a natural or legal person who created, developed or discovered a variety of an agricultural plant and ensures its preservation.
Protection of breeding achievement rights
Compared with the patent law , the law on breeding achievements defines in more detail the rights of authors of breeding achievements who are not patent holders, but have transferred their right to submit an application using the contract. Depending on the terms of the contract that is concluded between the patent owner and the author, the author has the right to receive from the patent owner a reward for using his created selection achievement. Also, depending on the terms of the contract is determined by the size and terms of payment of remuneration. For late payment of remuneration, the patentee pays the author a penalty for each day of delay in the amount specified in the contract.
Civil law protection methods of rights holders are applied in cases when any natural or legal person, when using a selection achievement, violates the exclusive rights of the patent holder. In contrast to holders of rights to inventions, utility models and industrial designs, requirements for the violator of a patent for a selection achievement can be claimed not only by the holder of an exclusive, but also a non-exclusive license . Among the methods of protection may also be the recovery of damages, as well as other methods of protection provided for by civil law.
Literature
- Dozortsev V.A. Protection of selection achievements in the USSR. In the book: Inventive and Patent Law. M., 1969.
- Druchok G.V. Some questions of the legal protection of breeding achievements in the USSR. // Questions of invention. 1969. No. 1.
- Ruzakova O.A. Intellectual property rights (inaccessible link)
See also
- Selection
- Breeder
- Intellectual property