Transferring the right to file an application for plant variety (practical advice)

Abstract

Purpose. Analyse errors that the parties make in documents on the transfer of rights to plant varieties with incorrect application of the applicants and the authors of the grade of the current legislation in terms of drafting an application for a plant variety and its annexes; organizing and developing practical recommendations when concluding agreemens for transfer of rights to plant varieties. Results. It was found that current legislation envisages the conclusion of only two types of contracts in the field of plant variety rights, which are not fully secured the rights and interests of the parties. The conclusion of the contract on the transfer of the right to file the application for a plant variety is a means to protect the rights of applicants and the basis for accepting it by the authorized body. Conclusions. Preparing error-free application documents facilitates rapid conducting a formal examination and adoption of a positive decision for the applicant. Proper registration of labor agreements between the breeder (author) and the employer contributes to the protection of the rights of each of the parties to such agreements.