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34 PLANT VARIETY PROTECTION No. 99 – September 2005
CHAPTER III
APPLICATION FOR THE GRANT OF THE
BREEDER’S RIGHT
Article 9
Basic principles
1. The right for filing an application for granting the
breeder’s right is awarded to the breeder or his/her successor
in title. The application of the successor in title is supported
by documentations certifying his/her status.
2. When one or more persons have bred, discovered and
developed together a new variety, the breeder’s right title will
be granted in joint ownership, if they have no written agreement
stipulating the opposite.
3. When the variety is bred, discovered or developed
according to a commission contract or contract of employment
outside the Republic of Albania, the right to file the application
for the breeder’s right is determined in the commission contract
or contract of employment, in which context the new variety
was bred, discovered and developed, in compliance with the
contract between the parties.
4. When the new variety is bred, discovered or developed
according to a commission contract or contract of employment,
within the territory of the Republic of Albania, the right to file
the application for the breeder’s right will belong to the person
who has commissioned the activity or the employer, in case
that there are no other contracting stipulations.
Article 10
The application form
1. Any person that wishes to get the breeder’s right and
protect a variety he has to file his application at the NSI against
payment.
2. The application form, the supporting documents and the
application fee will be determined by the rules and regulations
of the Ministry of Agriculture and Food.
3. The physical and legal foreign persons can file the
applications for the breeder’s right in compliance with this
Law and might protect their rights through their domestic or
foreign representatives, Albanian residents, when have
provided a Power of Attorney.
Article 11
Right of Priority
1. The breeder enjoys the right of priority for a variety in
case where there is an initial application for the same variety,
filed by him/her or by his/her successor in title, with the
Contracting Party.
2. When an application filed in the NSI is preceded by
other such applications, the priority will fall only on the initial
application. The right of priority will be duly required in the
application filed to the NSI. It can be required only within a
period of 12 months from the date of the filing of the first
application.
3. The breeder will submit to the NSI a copy of the first
application within 3 months from the date of the filing, in
compliance with Article 12, point 3. The NSI has the right to
examine the first application within 3 months from the date of
receiving the request.
4. The effects of priority will be such that when the
conditions for the protection of the variety are applied, the
date of filing of the first application is taken into account. The
breeder has the right to ask the postpone of the application
examination up to two years from the date of the expiration of
priority, and 3 years from the date of the filing of the first
application. When the first application is rejected or withdrawn
the NSI has the right to start the examination of the variety
before the date determined by the applicant. In such a case,
within an appropriate period, the breeder is allowed to furnish
data, documentations or materials required for the examination
of the variety.
CHAPTER IV
EXAMINATION OF THE APPLICATION
Article 12
Formal requirements for examination
1. The NSI will examine the application if it meets the
formal requirements.
2. When the application is not complete, then the NSI will
ask the breeder to complete and amend it within 30 days from
the date of receiving the request. Any application which is not
amended within this period, it is assumed as if it was not
submitted at all.
3. Each application that is complete and proper, in
compliance with the requirements of Article 10 to this Law, it
will be entered in the register of applications.
Article 13
Preliminary examination of the application
1. The NSI shall examine the application based on the
records in order to verify if the variety is new and if the breeder
shall be granted the right of the application, in compliance
with Article 9 to this Law.
2. When the application does not meet the requirements
of Articles 4 and 9 to this Law, it is rejected.
Law No. 8880 of Plant Breeder’s Right - page 3 ALBANIA