Laws
Civil Code (Section10)
Chapter 66: Rights to New Varieties of Plants and New Breeds of Animals
Article 1157. Conditions of the Protection of Rights to New Varieties of Plants and New Breeds of Animals1.The rights to new varieties of plants and new breeds of animals (achievements of breeding) shall be protected on condition of the issuance of a patent.
An achievement of breeding in plant cultivation is a variety of plant acquired by an artificial means or by selection and having one or several economic characteristic that distinguish it from existing varieties of plants.
An achievement of breeding in animal husbandry is a breed, i.e., a whole multiple group of animals of common origin crated by man and having a genealogical structure and characteristics that make possible distinguishing it from other breeds of animals of the same type and are quantitatively sufficient for multiplication as a single breed.
2.The requirements upon which the right to obtain a patent arises and the procedure for issuing a patent to achievements of breeding are established by the statute of the Republic of Armenia “On Patents.”
3.To relations connected with the rights to achievements of breeding and protection of these rights, the rules of Articles 1146-1151 and 1153-1156 of the present Code are applied correspondingly unless the rules of the present Chapter and the statute of the Republic of Armenia “On the Protection of Achievements of Breeding” do not provide otherwise. In this case the respective rights and duties of the patent office shall be exercised the state agency to which is assigned the testing and protection of achievements of breeding.
Article 1158. Right of the Breeder to Determine the Name of an Achievement of Breeding
1.The breeder of an achievement of breeding has the right to determine its name, which must comply with the requirements established by the statute of the Republic of Armenia “On the Protection of Achievements of Breeding.”
2.In the production, reproduction, offering for sale, sale, and other types of distribution of protected achievements of breeding the use of the names registered for them is obligatory. The application to seeds or breeding material that are produced and/or being sold of a name different from that which is registered is not allowed.
3.The application of the name of a registered achievement of breeding to seeds or breeding material that are produced or being sold that are not covered by it is a infringement of the rights of the patentholder and the breeder.
Article 1159. Rights of the Holder of a Patent to an Achievement of Breeding
The holder of a patent to an achievement of breeding has the exclusive right to the use of the achievement of breeding within the limits established by the statute of the Republic of Armenia “On the Protection of Achievements of Breeding.”
Article 1160. Duties of the Patentholder
The holder of a patent to an achievement of breeding is required to maintain the respective variety of plant or respective breed of animal during the time period of effectiveness of the patent in such a manner as to maintain the characteristics indicated in the description of the variety or breed compiled at their registration.
Article 1161. The Time Period of Effectiveness of a Patent to an Achievement of Breeding
The effectiveness of a patent to an achievement of breeding starts from the day of registration of the achievement in the state register of protected achievements of breeding and the issuance of a patent. The time period of effectiveness of the patent shall be established by the statute of the Republic of Armenia “On the Protection of Achievements of Breeding.”
Article 1162. Allowance for Achievements of Breeding to be Used
1.Achievements of breeding that have been given legal protection shall be allowed for use. Giving an achievement of breeding legal protection is not a basis for allow its use.
2.Inclusion of varieties of plants and breeds of animals in the state register of achievements of breeding allowed for use shall be done by the state agency responsible for testing and protection of achievements of breeding on the results of state testing for economic utility.
An application for allowance of use of varieties of plants or breeds of animals shall be submitted to the state agency responsible for testing and protection of achievements of breeding.
