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Requisites for payment, fees for plant variety property right protection

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In accordance with the requirements of the Law of Ukraine № 3116-XII "Protection of the Property Rights on Plant Varieties"(21.04.1993), of the Regulation of the Cabinet of Ministers of Ukraine № 1183 "Measures to Implement the Law of Ukraine "Protection of the Property Rights on Plant Varieties"(19.08.2002) " fees for the activity related to the plant varieties property rights protection, are paid to the Ukrainian Institute for Plant Variety Examination (hereinafter - the Institute).

Payment details for the transfer in the national currency - in UAH

BENEFICIARI NAME: Український інститут експертизи сортів рослин

CODE (ЄДРПОУ): 00488332

ACCOUNT: р/р 31 25 22 41 11 65 14

BANK CODE (МФО): 820172

BENEFICIARY`S BANK: Держказначейська служба України, м. Київ

Payment details for the transfer in the foreign currency - in US dollars or euros (at the official rate of the National Bank at the date of fee payment).

 BENEFICIARI NAME: UKRAINIAN INSTITUTE FOR PLANT VARIETY EXAMINATION

ADDRESS: 9/2 Klovsky Uzviz, Kyiv, 01021, Ukraine

ACCOUNT: 26003799983363(USD), 26007799978813(EUR)

BENEFICIARY`S BANK: PRAVEX BANK KYIV, UKRAINE SWIFT CODE: PRAVUAUK

Filling the payment document, it is necessary to indicate in the column "Code of the payer:

- CODE (ЄДРПОУ) - for the legal entity;

- personal identification code -for the individual payer.

It is mandatory to specify in the column "Appointment of the payment":

- applicant’s code;

- number of the application;

- type of the fee, determined by the Fee Payment Procedure for the actions related to the plant varieties property rights protection (hereinafter - the Order), approved by the Regulation of the Cabinet of Ministers of Ukraine 1183 (19.08.2002), (updated in accordance to the Regulations of the Cabinet of Ministers of Ukraine № 11454 (19.08 2007) and № 313 (09.04.2008);

- variety name and botanical species.

We also inform that in accordance to the current legislation of Ukraine, legal entities and individuals, after paying fees for the actions related to the plant varieties property right protection, must present to the Institute a fee payment document (a copy of the bank payment order or corresponding receipt).

In case when one payment order contains more than one fee payments for several applications, applicant additionally presents to the Institute written description of types of the fees and applications. Otherwise, the payments received on the Institute account will not be considered as a fee.

However, it should be mentioned that in case when the applicant (the applicants) or the patent owner or the owner of the entitlement for variety distribution is a non-profit organization that financed from the state budget, each fee for actions related to the plant varieties property rights protection is paid in the amount of 10 percent of the fixed fees, with the exception of fees for maintaining the validity of intellectual property rights for a plant variety (the validity of a patent) and for maintaining the validity of the intellectual property rights for the plant variety distribution that is payable in the amount of 5 percent of the fixed fees (paragraph 4-1 of the Fee Payment Procedure for the actions related to the plant varieties property rights protection, approved by the above-mentioned Regulation of the Cabinet of Ministers of Ukraine).

The specified paragraph 4-1 of the Procedure covers only institutions and organizations which present to the Institute certificates (decisions, notifications) from the regional offices of the State Treasury Service of Ukraine and the State Fiscal Service of Ukraine regarding their non-profit activity.

Table

for fee amount estimation according to the order of fee payments for the actions related to the plant varieties property rights protection, approved by the Regulation of the Cabinet of Ministers of Ukraine № 1183 (19.08.2002), (in the version of the Regulations of the Cabinet of Ministers of Ukraine № 11454 (19.08 2007)).

The fees for activities related to the plant varieties property rights protection are set at the following rates:

Type of the FeeAmount, UAH
1. For the plant variety application registration1300
2. For the qualifying examination of the application for a plant variety (for the first and each subsequent year): 
variety conformity determination to the criteria of distinctiveness, uniformity and stability at the expert institutions1900
variety conformity determination to the criteria of distinctiveness, uniformity and stability straightly at the applicant 210
value expertise for cultivation and use 4070
3. For the intellectual property right for the plant variety distribution 500
4. For each certified copy of the plant variety state registration certificate 200
5. For each certified copy of the plant variety patent 500
6. For the changes registration in the Register of Patents concerning the plant variety intellectual property rights by the owner initiative 600
7. For the changes registration in the Plant Variety Register by the variety property rights owner initiative 600
8. For the plant variety intellectual property rights validity maintenance (patent validity):
for the 1st year400
for the 2nd year450
for the 3rd year 550
for the 4th year650
for the 5th year800
for the 6th year950
for the 7tht year1100
for the 8th year1300
for the 9th year1600
for the 10th and every next year1900
9. For the exclusive patent owner right maintenance in case of application submission to the Ministry for official permission to any person to use the variety (opened license) and its official publication:
for the 1st year200
for the 2nd year225
for the 3rd year 275
for the 4th year325
for the 5th year400
for the 6th year475
for the 7tht year550
for the 8th year650
for the 9th year800
for the 10th and every next year950
10. For maintaining the validity of the intellectual property rights for the plant variety distribution: 
for the 1st – 5th years350
for the 6th – 10th years900
for the 10th – 15th years2000
for the 16th and every next year2500
11. For the application submission for any actions determined by the Law of Ukraine "Protection of the Property Rights on Plant Varieties"(part 3 of the articles 16 and 22, part 5 of the article 25, part 8 of the article 26, parts 5 and 9 of the article 28, part 2 of the article 30, part 4 of the article 35, part 6 of the article 40)500
12. For the renewal of the term for any actions determined by the Law of Ukraine "Protection of the Property Rights on Plant Varieties" (part 8 of the article 26, part 6 of the article 27, part 5 of the article 28, part 2 of the article 30)1000
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