Article 1428. The Licence Contract for Grant of the Right of Using a Breeding Achievement
Under the licence contract one party being the holder of a patent (licensor) grants or undertakes to grant to the other party being a user (licensee) the right of using the breeding achievement certified by the patent, within the scope established by the contract.

Article 1429. The Open Licence for a Breeding Achievement

1. The holder of a patent may file an application with the federal executive governmental body charged with breeding achievement matters to the effect that any person may obtain a right to use the breeding achievement (open licence).
In this case the rate of duty for the maintenance of the patent in effect shall be cut by 50 per cent starting from the year following the year in which the federal executive governmental body charged with breeding achievement matters published information on the open licence in the gazette.
The terms on which the right of using the breeding achievement may be granted to any person shall be sent to the federal executive governmental body charged with breeding achievement matters which shall publish relevant information on the open licence in the gazette on the account of the patent holder. The patent holder shall conclude a licence contract with the person that has expressed his/its desire to use the breeding achievement, on the terms of a simple (non-exclusive) licence.

2. Upon the expiry of two years after the publication by the federal executive governmental body charged with breeding achievements matters in the gazette of information concerning the open licence the patent holder shall be entitled to file a petition with the said federal body for withdrawal of his/its open licence application.
Unless until the withdrawal of the open licence somebody has expressed his/its will to use the breeding achievement, the patent holder shall additionally pay a duty for the maintenance of the patent in effect for the period of time elapsed since the publication of information about the open licence, and henceforth shall pay it in full.

If until the withdrawal of the open licence the relevant licence contracts had been concluded on the terms of an open licence, the licensees shall retain their rights over the whole effective term of these contracts. In this case the patent holder shall pay a duty for the maintenance of the patent in effect in full starting from the date of withdrawal of the open licence.

The federal executive governmental body charged with breeding achievement matters shall publish information on the open licence in the gazette.

 

 

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