PLANT VARIETIES AND ANIMAL BREEDS REGISTRATION IN RUSSIA
In Russia, plant breeding achievements can be registered as unique intellectual property with protection granted for up to 35 years. Considering Russia’s extensive agricultural market, protection of breeding achievements appears highly effective. It should be noted that a significant portion of seed material is currently sourced by Russian agricultural producers from abroad.
Criteria for protectability of plant breeding achievements in Russia:
- Novelty: A plant variety or animal breed is deemed novel if, at the date of patent application, seeds or breeding material for this achievement have not been sold or otherwise transferred by the breeder or their successor in title within:
- The Russian Federation earlier than one year prior to the specified date.
- Another country earlier than four years prior to the specified date (six years for grape varieties,woody ornamentals, fruit trees, and forest tree species).
- Distinctiveness: The breeding achievement must be clearly distinguishable from any other well-known breeding achievement existing at the time of the patent application. A well-known breeding achievement is one listed in official catalogs, reference sources, or publications with a precise description. A breeding achievement is also established as well-known from the patent application date, assuming that a patent for the breeding achievement has been granted.
- Uniformity: Plants of the same variety, animals of the same breed must exhibit sufficient uniformity in their characteristics, allowing for minor variations due to propagation specifics.
- Stability: A breeding achievement is considered stable if its key characteristics remain consistent after repeated propagation, or at the end of each cycle of propagation, in the case of special propagation cycle.
Questions and Answers:
What is required to file an application for a breeding achievement in Russia?
- Pay the filing fee and examination fee.
- Submit a request to the Russian State Commission on Plant Variety Rights.
What are the official fees to be paid when filing an application for a breeding achievement in Russia?
- The official fee for filing an application for a breeding achievement in Russia is 3300 RUR (~40 USD).
- The official fee for conducting an examination for novelty of a breeding achievement is 1650 RUR (~20 USD).
- The official fee for testing a breeding achievement for distinctiveness, uniformity, and stability is 26400 RUR (~300 USD), or the official fee for examining the applicant's test results for distinctiveness, uniformity, and stability is 6600 RUR (~80 USD).
What priorities can be claimed when filing an application for a breeding achievement?
Convention priority within 12 months from the filing date of the first application.