Article 1431. Breeding Achievements Created, Developed or Discovered on Order

1. If a breeding achievement has been created, developed or discovered under a contract whose subject matter was the creation, development or discovery of such breeding achievement (on order) the customer owns the right of obtaining a patent for the breeding achievement and the exclusive right to the breeding achievement, except as otherwise envisaged by a contract between the contractor (performer) and the customer.

2. If the customer owns the right of obtaining a patent for the breeding achievement and the exclusive right to the breeding achievement under Item 1 of the present article the contractor (performer) is entitled, unless otherwise envisaged by a contract, to use the breeding achievement for his/its own needs on the terms of a free-of-charge simple (non-exclusive) licence during the whole effective term of the patent. A licence of another type may be envisaged by the contract on the basis of which the work was carried out.

3. If according to a contract between the contractor (performer) and the customer the right of obtaining a patent for the breeding achievement and the exclusive right to the breeding achievement are owned by the contractor (performer) the customer is entitled to use the breeding achievement for his/its own needs on the terms of a free-of charge simple (non-exclusive) licence for the whole effective term of the patent.

4. The author of the breeding achievement described in Item 1 of the present article who is not a holder of the patent is entitled to a fee under Item 5 of Article 1430 of the present Code.

Article 1432. Breeding Achievements Created, Developed or Discovered When Works Were Performed under a State or Municipal Contract

Breeding achievement created, developed or discovered when works were performed under a state or municipal contract are subject to the rules of Article 1373 of the present Code respectively.

 

 

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