Article 1421. The Exclusive Right to a Breeding Achievement

1. The holder of a patent owns the exclusive right to use a breeding achievement in accordance with Article 1229 of the present Code in the manner specified in Item 3 of the present article. The patent holder may dispose of the exclusive right to the breeding achievement.

2. The exclusive right to a breeding achievement also extends to plant material, i.e. to a plant or a part thereof used for purposes other than the purposes of reproducing a variety, to commercial animals, i.e. animals used for purposes other than the purposes of reproducing a breed, which have been obtained from seeds or from pedigree animals respectively if such seeds or pedigree animals have been introduced in civil-law transactions without a permission of the patent holder. In this case, seeds shall mean a plant or its part used to reproduce the variety.

3. The use of a breeding achievement means the carrying out of the following actions with seeds and breeding materials of the breeding achievement: 1) production and reproduction; 2) bringing to planting condition for subsequent multiplication; 3) offering for sale; 4) sale and other methods of introduction in civil-law transactions; 5) exportation from the territory of the Russian Federation; 6) importation onto the territory of the Russian Federation; 7) storage for the purposes set out in Subitems 1-6 of the present item. 4. Also the exclusive right to the breeding achievement extends to seeds and breeding materials which: essentially inherit the characters of another protected (initial) plant variety or animal breed, unless the protected variety or breed, of its own, is a breeding achievement essentially inheriting the characters of other breeding achievements; Differ not obviously from a protected plant variety or animal breed; Require the use of a protected plant variety several times to produce seeds. The following shall be deemed a breeding achievement that essentially inherits the characters of another protected (initial) breeding achievement: a breeding achievement which has an obvious distinction from the initial one and which: inherits the most essential characters of the initial breeding achievement or of a breeding achievement which, on its own, inherits the essential characters of the initial breeding achievement while retaining the basic traits reflecting the genotype or the combination of genotypes of the initial breeding achievement; Correspond to the genotype or the combination of genotypes of the initial breeding achievement, except for the deviations caused by the use of such methods as individual selection from the initial plant variety or animal breed, selection of an induced mutant, back-cross and genetic engineering.

Article 1422. Actions Not Deemed an Infringement of the Exclusive Right to a Breeding Achievement The following is not deemed an infringement of the exclusive right to a breeding achievement:

1) actions carried out to meet personal, family, household or other needs not relating to entrepreneurial activity, unless the purpose of such activities is profit-making or earnings;

2) actions committed for scientific-research or experimental purposes;

3) the use of the protected breeding achievement as an initial material for creating other plant varieties and animal breeds, and also the actions in respect of these created varieties and breeds specified in Item 3 of Article 1421 of the present Code, except for the cases described in Item 4 of Article 1421 of the present Code;

4) the use of a vegetable material produced on a farm for two years as seeds for growing on the area of the farm a plant type available on the list of genera and species established by the Government of the Russian Federation;

5) the reproduction of commercial animals for being used on the given farm;

6) any actions involving seeds, vegetable materials, breeding materials and commercial animals which have introduced in civil-law transactions by a patent holder or by other persons on his/its consent, except for: the subsequent multiplication of the plant variety and animal breed; the export from the territory of the Russian Federation of the vegetable materials or commercial animals that allow to multiply the plant type or animal breed to a country where this genus or species is not protected, except for exportation for the purpose of processing for subsequent consumption.