Page:20040426 CPAORD 81 Patents Law.pdf/23

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 * || B. The word "material" wherever mentioned in paragraph (A) of this Article shall mean the propagation material of any kind, harvested material, including entire plants and parts of plants, and any product made directly from the harvested material.”
 * 68)||Chapter Threequater, Article 17 is added to read as follows: “The term of protection for the protected variety shall be twenty years from the date of filing the application. With respect to trees and vines, the term of protection shall be twenty fivetwenty-five [sic] years.”
 * 69)||Chapter Threequater, Article 18 is added to read as follows:
 * 69)||Chapter Threequater, Article 18 is added to read as follows:
 * 69)||Chapter Threequater, Article 18 is added to read as follows:

“A. It shall be permitted to transfer, mortgage or lien all or some of the breeder's rights with or without compensation.

B. The right in the protected variety shall be transferred to the heirs by inheritance.

C. The procedure for transferring, mortgaging and placing a lien on the title of the protected variety and all relevant legal practices, including licensing for its use in accordance with instructions issued for such purpose by the Minister and published in the Official Gazette, shall be determined.

D. The transfer of title of the variety shall be considered as evidence against a third party only as of the date of registration of the transfer in the Register and its publication in the Official Gazette.”
 * 70)||Chapter Threequater, Article 19 is added to read as follows: “It shall be permissible for the breeder to grant a license to a third party for use of the protected variety in accordance with a written contract that shall be registered with the Registrar.”
 * 71)||Chapter Threequater, Article 20 is added to read as follows: “The variety's registration shall be nullified only according to the following criteria:
 * 71)||Chapter Threequater, Article 20 is added to read as follows: “The variety's registration shall be nullified only according to the following criteria:
 * 71)||Chapter Threequater, Article 20 is added to read as follows: “The variety's registration shall be nullified only according to the following criteria:

A. If it is proven that the conditions in Article 4 were not complied with at the time of the grant of the breeder’s right;

B. If it is proven that where the grant of the breeder’s right has been essentially based upon information and documentation furnished by the breeder, the variety is not uniform or stable at the time of the grant of the breeder’s right; or

C. That the breeder’s right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled.”
 * }Rh