Plant breeders rights (PBR) in Kazakhstan

Plant breeders rights (PBR) in Kazakhstan.

The right to a selection achievement is protected by the legislation of the Republic of Kazakhstan and is confirmed by a patent.

The scope of legal protection provided by a patent for a breeding achievement is determined by the totality of characteristics included in the description of the variety or breed.

The priority can be established by the date of filing of the first application in the country-participant of the International Convention for the Protection of Plant Breeding Achievements (convention priority). The applicant use the right of conventional priority of the first application within 12 months from the date of its filing.

An application for a patent for a breeding achievement is submitted to the Patent Office of the Republic of Kazakhstan (Kazpatent) and is drawn up for each plant variety, animal breed and must contain:

1) an application for the grant of a patent;

2) a selection achievement questionnaire;

3) power of attorney.

Individuals residing outside the Republic of Kazakhstan, or foreign legal entities, conduct cases to obtain patents and maintain them in force, submit objections to the Board of Appeals and take part in their consideration through patent attorneys registered with the authorized body.

The issuance of a patent for a breeding achievement consists of the following stages:

1.       Preliminary examination

After two months from the date of filing the application, Kazpatent conducts a preliminary examination on it. In the course of the preliminary examination, the priority date of the application is established, the availability of the necessary documents and the fulfillment of the requirements established for them are checked. A preliminary examination of an application for a patent is carried out within two months.

2.       Publication of the application.

Information on applications for which a positive decision was made as a result of preliminary examination will be published in the bulletin within a month from the date of the decision.

Copies of the application and the selection achievement questionnaire will be sent to the state commission under the Ministry of Agriculture.

3.       Provisional Legal Protection and Third Party Claims.

After the publication of the application before the date of issue of the patent, the applicant is granted temporary legal protection.

Any interested person within six months from the date of publication of information about the application can send a claim to the state commission in relation to the declared selection achievement.

4.       Examination for patentability

The State Commission under the Ministry of Agriculture conducts an examination for patentability (the examination period is from 1 to 3 years).

Tests of the variety, breed for distinctness, uniformity and stability are carried out. The applicant is obliged to submit for testing the required amount of seeds or breeding material. State commissions have the right to use the results of tests carried out by other organizations of the Republic of Kazakhstan, as well as other states with which the relevant agreements have been concluded, and the data provided by the applicant.

If the variety, breed meets the conditions of patentability, the state commission draws up an opinion with a description of the variety, breed.

5.       Grant of a patent.

If the variety or breed meets the conditions of patentability, the state commission draws up an opinion with a description of the variety, breed. Based on the conclusion of the state commission, the Kazpatent, within ten working days, makes a decision on the grant of a patent for a selection achievement

Within three months from the date of sending to the applicant a notification of the decision to grant a patent, the applicant must submiti to the Kazpatent a document confirming the appropriate payment for preparation for the grant of a patent and publication.

Patent attorneys, patent experts, lawyers and specialists in the protection of intellectual property of our company will consult you free of charge and offer optimal solutions to protect your Plant breeders rights in Kazakhstan.

You can get a free consultation by WhatsApp 8-706-670-60-10  or email: mail.vostokpatent.com