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.
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.
Q2. What authority is in charge?
Applications for patents on breeding achievement are submitted to the Patent Office of the Republic of Kazakhstan (KAZPATENT).
Q3. Do breeders need to appoint a legal representative?
Yes, foreign individuals and companies need to appoint a legal representative for all patent-related procedures, including those carried out before the Board of Appeals. Such legal representatives have to be registered with competent authorities.
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Information provided by CIOPORA Lawyer Member Destek Patent (Headquarters in Istanbul, Turkey)
Kazakhstan - Field Office
Dostyk Cad. 192/2 Almatı/Kazakistan
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