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347.771:631.52 (7) |
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SM ISO690:2012 NADIOJCHIN, Natalia. Particularităţile depunerii şi examinării cererii de brevet pentru soiurile de plante. In: Intellectus, 2001, nr. 3, pp. 11-14. ISSN 1810-7079. |
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Intellectus | ||||||
Numărul 3 / 2001 / ISSN 1810-7079 /ISSNe 1810-7087 | ||||||
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CZU: 347.771:631.52 | ||||||
Pag. 11-14 | ||||||
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Rezumat | ||||||
I n practice there also existed cases of filing
variety patent applications, which are not
entered in the List of botanical genera and
species of plants the varieties of which are
protected, approved by the Government of the
Republic of Moldova. The Republic of Moldova
shall extend, subject to the requirements of the
UPOV Act of 1991, the protection to all
cultures for a period of 10 years as from the
date of entry into the UPOV. On that account,
the AGEPI together with experts of the State
Commission have decided that such applications
shall be registeredand that the priority of
the variety shall be determined by the filing
date of the application with the Agency. In that
case, the examination shall notify the applicant
of the necessity of filing a request to the
National Council of the Republic of Moldova
for Plant Varieties, requesting inclusion in the
List of the required species to be examined and
approved by the Government.
The other practical aspects as regards examination
of the variety patent applications and
examination of the variety denomination refer
to the specific features of drafting a regular
national application (request, technical
questionnaire, photos) and to the verification
that the variety denomination complies with the
conditions specified in the Law. After publication
of the particulars of the filed application,
any person concerned may file with the Agency
a reasoned declaration of opposition to any
decision to adopt a variety denomination. If the
examination agree with the arguments indicated
in the opposition, it shall take a decision
to reject the application.
Therefore, before filing a variety patent
application, the applicant shall acquaint
himself with the legislation of the Republic of
Moldova on the protection of plant varieties
and if there occur questions concerning filing
of a patent application, the AGEPI may offer |
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