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Breeders' Q&A: How to Obtain PBR in Kazakhstan. Application, Procedures, Fees

Note on terminology: this article uses the original Kazakh legal terminology. Henceforth, this article will refer to Plant Breeders Rights as “patents on breeding achievement”. These are not to be confused with patents.

Although not a UPOV member yet, Kazakhstan provides for the protection of Plant Breeders’ Rights. Currently, UPOV lists Kazakhstan as a state that has initiated the procedure for acceding to the UPOV Convention. To obtain an exclusive Plant Variety Right in the territory of Kazakhstan, breeders can apply for a patent on breeding achievement.

Photo by simon sun on Unsplash.

Q1. How is the priority calculated?

The priority can be established by the date of filing of the first application in a UPOV member state (the so-called “convention priority”). The priority date is the date of the first application filed for the same variety in one of the UPOV member states within 12 months.