THE CABINET OF MINISTERS OF UKRAINE  
RESOLUTION  
of 04 August 2023 No 813 
Kyiv  
 
On Amendments to the Resolution of the Cabinet of Ministers of 
Ukraine of August 19, 2002 No. 1183  
The Cabinet of Ministers of Ukraine decrees:  
To introduce the following amendments to the Resolution of the Cabinet of Ministers of 
Ukraine No. 1183 of August 19, 2002 "On Measures concerning Implementation of the Law 
of Ukraine "On Protection of Rights to  Plant Varieties" (Official Gazette of Ukraine, 2002, 
No. 34, p. 1592; 2011, No. 61, p. 2439; 2022, No. 58, p. 3470).  
The Prime Minister of 
Ukraine  D. SHMY HAL 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 APPROVED  
by the Resolution of the Cabinet of Ministers of 
Ukraine  
of August 04, 2023 No. 813  
 
AMENDMENTS  
to the Resolution of the Cabinet of Ministers of Ukraine  
of August 19, 2002  No. 1183  
1. Paragraphs 2 and 3 of the Resolution shall be excluded . 
2. The Procedure for payment of fees for actions related to protection of rights to plant 
varieties, approved by this Resolution, shall be set forth in the following wording:  
 
 "APPROVED  
by the Resolution of the Cabinet of Ministers of 
Ukraine  
of August 19, 2002  No. 1183  
(as amended by the Resolution of the Cabinet of 
Ministers of Ukraine of August 4, 2023  No. 813 ) 
 
PROCEDURE  
for Payment of Fees for Actions Related to Protection of Rights to Plant 
Varieties  
1. This Procedure defines the mechanism  for payment of fees for actions related to 
protection of plant variety rights (he reinafter referred to as the fees) and their amounts in 
accordance with the Law of Ukraine "On Protection of  Rights to Plant Variet ies" (hereinafter 
referred to as the Law), in particular, fees for: 
filing and consideration of an application for a plant variety (hereinafter referred to as 
the application) ; 
chang e of a plant variety  name ; 
conducting a qualification examination of a plant variety;  
state registration of a plant variety, issuance of copies or duplicates of  security 
documents ; 
maintaining the validity of intellectual property rights to plant  variet y; 
maintaining the validity of the property right to spread  a plant variet y; 
other specific actions provided for by the Law.  
2. In this Procedure the terms are used in the following meanings:  
fee payer (hereinafter referred to as the p ayer) - individuals or legal entities, including 
foreigners and stateless persons, who pay fees under the application;  payer code - a code according to the EDPNOU  (National State Registry of Ukrainian 
Enterprises and Organizations)  for payers included in s uch a Register (resident legal entities 
and separate subdivisions of resident and non -resident legal entities), or a registration number 
of a taxpayer's account card or series (if any) and passport number (for individuals who, due 
to their religious belief s, refuse to accept the registration number of a taxpayer's account card 
and have notified the relevant supervisory authority and have a note in their passport).  
For foreigners (non -residents) and stateless persons, the payer code is a code assigned by 
the Competent Authority within two months from the date of submission of the first 
application by such persons to the Competent Authority, provided that such persons are not 
included in the EDPNOU  or do not have a registration number.  
Other terms shall have the meaning given in the Law and the Budget Code of Ukraine.  
3. The fees shall be paid to the state budget.  
4. Fees shall be set in the national currency.  
5. Foreigners have the right to pay fees in national currency or foreign currency, namely 
euros or US dollars, at the official exchange rate of hryvnia to foreign currency set by the 
National Bank on the date of payment of the fee.  
6. In case the payer is a non -profit institution or organization financed from the state 
budget, the fee shall be paid in the amount of 40 percent of the fee set by this Procedure, 
except for fees for maintaining the validity of intellectual property rights to a plant variety 
(patent validity) and for maintaining the validity of the property right to spread  a plant 
variety, which shall be paid in  the amount of 20 percent of the set amount per variety, 
provided that property rights to such varieties are acquired or maintained by a non -profit 
institution or organization financed from the state budget . 
7. The fu nds from the payment of fees in the national currency by the payers shall be 
credited to the special fund of the state budget to the respective accounts opened by the expert 
institution in the Treasury and shall be accounted for as own revenues of budgetar y 
institutions under the budget program under which the expert institution is financed.  
8. Funds from the payment of fees in foreign currency by payers shall be credited to the 
current account of the expert institution opened in public sector banks. Funds from the sale or 
conversion of foreign currency shall be credited within three working days from the date of 
such sale or conversion to the account for accounting for own revenues of budgetary 
institutions opened by the expert institution in the Trea sury.  
9. The payment of fees shall be made by the payer through the payment systems of 
banking institutions on the basis of invoices or payment notices issued to the payer by the 
expert institution, or on its own initiative in accordance with the informati on notice on bank 
details for payment of fees published in official sources of information by the Competent 
Authority or the expert institution.   
10. The payment of fees may be made by the payer using electronic payment systems, 
including those integrated into the electronic services of the payer's account of the 
information database of the Competent Authority or expert institution. In this case, the 
electronic payment system sha ll generate the payer's settlement documents confirming the 
payment of the relevant funds in accordance with the procedure established by law and 
ensure timely crediting of funds paid by the payer to the state budget.  11. Information on the details of the accounts of the expert institution that ensure the 
crediting of funds from the payment of fees shall be published in official sources of 
information by the Competent Authority or the expert institution.  
12. The expert institution shall ensure the acc ounting and operational analytical records  
of the crediting of payments as fees from the payers and the accounting of documents on the 
payment of the relevant fees by maintaining an electronic personal account of the payer in 
order to confirm the payment o f fees and their corresponding crediting or re -crediting on the 
request of the payer.  
13. On the request of the Competent Authority, the expert institution shall, within five 
calendar days from the date of receipt of the request, submit to the Competent Au thority in 
the form of an extract from the payer's personal account or from the account for recording  
own revenues of budgetary institutions opened by the expert institution at the Treasury, 
confirmation of payment of fees by the payers.  
14. The payer's funds shall be accounted for on his/her personal account. The personal 
account of the payer is a part of the electronic system of the plant variety database, which 
includes information on the funds received on the accounts of the expert institution  from the 
payment of fees by the payer and the amounts credited by the expert institution  as fees for 
applications.  
The personal account of the payer is an open database available for reading and copying 
information from it by the expert institutio n, the payer and the Competent Authority.  
15. The information from the payer's personal account shall be recognized by the 
Competent Authority as an official confirmation of payment of the application fee by the 
payer.  
16. The document by which the e xpert institution confirms the fact of payment of the fee 
to the Competent Authority is an extract from the account for crediting to the special fund of 
the state budget of own revenues of budgetary institutions opened in the Treasury or a 
banking institut ion, or the original payment document (payment instruction or cashier's 
check) received from the payer.  
17. The document on the payment of the fee (payment instruction) shall contain in the 
section "Purpose of payment" the application number, and in the ab sence of the application 
number - the name of the variety (in the absence of the variety name - the selection code), the 
payer code (if any), the payment code or the name of the type of fee, the year for which the 
relevant fee is paid.  
18. If it is impossi ble to determine the purpose of the received payment from the payer, 
on the request of the expert institution, the payer shall provide a written clarification of the 
purpose of such payment. The payer shall, within two months from the da te of receipt of the 
request, provide the expert institution with clarification of the purpose of the payment made.  
19. The date of payment of the fee shall be the date of crediting (re -crediting) of funds to 
the account of the expert institution or the da te of crediting the fee from the balance of 
unused funds of the payer on his/her request.   
20. The payer shall be responsible for the correctness of determining the fees to be paid, 
the completeness and timeliness of their payment.  
21. If the fee is untimely credited to the account of the expert institution due to 
circumstances beyond the control of the payer, such fee shall be deemed to be paid in a timely manner (paid without violations of the payment deadlines) if the payer provides the 
Competent A uthority with documentary evidence of payment of such fee within the time 
limits specified in this Procedure.  
Confirmation of timely payment of the fee within the permissible deadlines for its 
payment shall be a mark of the banking institution in the settl ement document on the date of 
transfer of funds for payment of the relevant fee.  
Confirmation of timely payment of fees by the payer shall be allowed only in respect of 
fees paid in national currency.  
22. The document on the payment of fees, as well as the  extension or renewal of the 
terms of payment of fees, shall be submitted to the expert institution  together with the payer's 
application in any form.  
23. The payer has the right to pay several fees in one payment. In this case, the payer 
shall submit to t he Competent Authority a letter in any form specifying the fees paid, 
indicating the application numbers, plant variety names, and in the absence of names - the 
breeding code, payer code, payment codes or names of the types of fees, the year for which 
the relevant fee is paid, and the amounts of the fee paid for each fee separately.  
24. In case of payment of the amount of funds exceeding the amount of the fee setby this 
Procedure, including payment of fees in foreign currency, the balance of unused funds shall 
be accounted for on the payer's personal account and, on his/her request, may be credited 
against payment of another fee, including for other applications.  
25. In case of payment of the amount of funds less than the fee established by this 
Procedure, including payment of fees in foreign currency, the expert institution shall notify 
the payer of the need to pay in full, indicating the amount to be paid. The pa yer is obliged to 
make the appropriate payment or send a request for crediting the balance within 30 days from 
the date of receipt of the notice  from the expert institution . Otherwise, the funds shall be 
refunded to the payer, in particular in case of paym ent of the fee in violation of the 
requirements of this Procedure.  
26. The amount of the credited fee shall not include the cost of banking and any other 
services related to the payment of the fee or fees, including the crediting of foreign currency 
to the  accounts of the expert institution. At the same time, the cost of all banking and any 
other services related to the payment or refund of the fee to the payer, including the 
difference between exchange rates, shall be paid at the expense of the payer and t he balance 
of unused funds of the payer on the accounts of the expert institution.  
27. From the account for crediting to the special fund of the state budget of own 
revenues of budgetary institutions, the expert institution  shall transfer funds to it s subordinate 
branches or structural subdivisions under  its control  in accordance with the approved 
estimates to cover the costs of actions related to the protection of plant variety rights. The 
transfer shall be made on the basis  of payment instructions of the expert institution based on 
actual receipts and one group of own revenues under the relevant budget program.  
28. The expert institution shall report on the results of its activities in the field of plant 
variety rights prote ction on a quarterly basis not later than the 15th day of the following 
month, as well as on the request of the Competent Authority.  
The procedure for control, submission of reports and their list are set by the Competent 
Authority.  29. The fees related to  filing and consideration of the application  are set as follows:  
the fee for filing and consideration of the application - UAH 1700;  
the fee for making changes to the register of applications on changing the composition of 
breeders - UAH 1700;  
the fee for extension of the terms  for claiming the priority based on the date of filing of 
the previous application - UAH 1700;  
the fee for the extension of the term to eliminate the inconsistency of the application 
and/or submission of a reasoned response to  the conclusion on inconsistency  - UAH 1700;  
the fee for renewal of the term for elimination of the application's inconsistency and/or 
submission of a reasoned response to the conclusion (within 12 months from the date of 
expiration of such term) - UAH 1700;  
the fee for filing a request to correct an error or to make changes to the application 
materials  - UAH 1700.  
30. The do cument on payment of the fee for filing and consideration of the application 
shall be submitted to the Competent Authority together with the application or within two 
months from the date of its submission.  
31. The fees related to the name of a plant varie ty are set as follows:  
the fee for extension of the term for submission of a reasoned response to the conclusion 
on non -compliance or objection to the proposed variety name - UAH 1700;  
the fee for changing the approved variety name - UAH 1700;  
the fee for changing the name of a variety after its approval in case if it is established 
that the name of the variety does not meet the requirements of Article 13 of the Law - UAH 
1700;  
the fee for prohibition of use of the previous variety name for other ap plicants in case of 
change of the variety name in another contracting party to the International Convention on 
the Protection of New Varieties of Plants - UAH 3400 for one year of prohibition of use of 
such name by other applicants in Ukraine.  
32. Th e fees related to the qualification examination of plant varieties are  set as follows:  
the fee for qualification examination for compliance of a variety with the criteria of 
distinctiveness, uniformity and stability (by an expert institution) - UAH 6035;  
the fee for the qualification examination for the suitability of a variety for spreading  (by 
an expert institution) - UAH 15300;  
the fee for qualification examination for compliance of the variety with the criteria of 
distinctiveness, uniformity and stabili ty, as well as for the suitability of the variety for 
spreading  (according to the applicant `s data ) - UAH 4250;  
the fee for extension of the term for payment of fees for the qualification examination - 
UAH 850;  
the fee for renewal of the term for payment o f fees for qualification examination - UAH 
1700.  33. The document on payment of the fee for the first year of the qualification 
examination on the compliance of a plant variety with the criteria of distinctiveness, 
uniformity and stability shall be receive d by the expert institution  within two months after the 
payer receives a notice of the positive results of the application consideration.  
The document on payment of such a fee for each subsequent year shall  be received by 
the expert institution within two months after receiving the report on the results of the 
qualification examination on the compliance of the variety with the criteria of distinctiveness, 
uniformity and stability for the previous year.  
34. In the case of qualification examination of a variety of hybrid type of creation, the 
fee shall be charged for the qualification examination of each component of the parental 
component of the hybrid, except for the parental components for which the exp ert institution 
has already conducted research as part of the hybrid, or as a separate object of the application 
with the official description of such parental component(s).  
35. If the parental component is part of several hybrids, the fee shall be charged  once. In 
this case, the total amount of the fee may not exceed threefold  amount of the fee for the 
qualification examination of the plant variety's compliance with the criteria of distinctiveness, 
uniformity and stability.  
36. The document on payment of t he fee for the qualification examination of the 
suitability of a plant variety for spreading  in Ukraine for the first year shall be received by the 
expert institution within two months after the applicant receives a notice of the positive 
results of the ap plication consideration.  
The document on payment of such a fee for each subsequent year shall  be received by 
the expert institution within two months after receiving the report on the results of the 
qualification examination for the previous year.  
37. If the payer has paid the fee for the qualification examination of a plant variety, but 
the qualification examination of such variety was not carried out at the initiative of the payer 
(applicant) in the relevant year after the approval of the program of field and laboratory 
studies of the qualification examination, the amount of the paid funds shall be refunded to the 
personal account of the payer of the fees, except for funds in the amount of 30 percent of the 
paid fee to compensate for the expenses o f the expert institution for the preparation of the 
qualification examination. If the qualification examination of a variety was not conducted in 
the respective year due to circumstances beyond the control of the payer (applicant), the 
amount of the paid f unds shall be refunded to the payer's balance in full upon his/her request.  
38. The amounts of fees related to the state registration of plant varieties, issuance of 
copies or duplicates security documents  are set as follows : 
the fee for state registration  of a variety - UAH 1700;  
the fee for extension of the term of payment of the fee for state registration of a variety - 
UAH 1700;  
the fee for renewal of the term of payment of fees for state registration of a variety - 
UAH 3400;  
the fee for extension of the term for filing a notice  on the attitude to the opposition to the 
state registration of a variety - UAH 1700;  
the fee for renewal of the term for filing a notice on the attitude to the opposition to the 
state registration of a vari ety - UAH 3400;  the fee for issuance of a certified copy of a patent, certificate of state registration of a 
variety - UAH 500;  
the fee for issuance  of a duplicate of a patent, certificate of state registration of a variety, 
certificate of authorship for a variety - UAH 1700.  
39. The document on payment of the fee for state registration of a plant variety shall be 
received by the Competent Authority w ithin 30 days from the date of receipt by the payer of 
the expert opinion on the results of the qualification examination.  
40. The amount s of fees for maintaining  the validity of intellectual property rights to 
plant varieties are defined  depending on the period of maintaining the validity of rights to 
varieties and are set as follows:  
 for the first - fifth year  UAH  2300  
 for the sixth - tenth year  UAH  5200  
 for the 11-15 year UAH  7000  
 for the 16th and each subsequent year  UAH  8700  
 
The fee for the renewal of a patent, if paid within 12 months after the expiry  of the 
established term, is increased by 50 percent.  
41. The fee for maintai ning the validity of intellectual property rights to a plant variety 
shall be paid for each year starting from the calendar year following the year of state 
registration of rights or state registration of the variety. The fee for maintaining the validity of 
intellectual pro perty rights to a plant variety in the first calendar year following the year of 
state registration may be paid within the first six months of the respective year. The fee for 
the next year shall be paid within the last six months of the current calendar y ear. 
42. The document on payment of the annual fee for maintaining the validity of 
intellectual property rights to a plant variety (patent validity) shall be received by the expert 
institution within two months from the date of payment of the fee.  
43. The fee for maintaining the validity of intellectual property rights to a plant variety 
(patent validity) may be paid within 12 months after the expiry of the established term. In this 
case, the amount of the fee shall be increased by 50 percent, and the docum ent on its payment 
shall be sent to the expert institution  within two months from the date of payment.  
44. The fee for maintai ning the validity of the exclusive right of the patent owner in case 
of submission to the Competent Authority of an application for the willingness to grant 
permission to any person to use a plant variety (open license) shall be reduced by 50 percent 
starting from the year following the year of publication of such application. The document on 
payment of such fee shall be received by the expert institution within two months from the 
date of payment of the fee.  45. The amount of the fee for maintaining the validity of propriet ary right to spread  a 
plant variety are defined  depending on the period of maintaining the validity of rights to 
varieties and shall be set as follows:  
 for the first - fifth year  UAH  2300  
 for the sixth - tenth year  UAH  5200  
 for the  11-15 year UAH  7000  
 for the 16th and each subsequent year  UAH  8700  
 
46. The fee for maintaining the validity of the proprietary right to spread  a plant variety 
shall be paid for each year starting from the calendar year following the year of state 
registration of rights or state registration of a variety.  
47. The fee for maintaining the validity  of the proprietary right to spread a  plant variety 
in the first calendar year following the year of state registration shall be paid within six 
months of the respective year. The fee for the next year may be paid within the last six 
months of the current calendar year.  
48. The document on payment of the ann ual fee for maintaining the validity of the 
proprietary right to spread  a plant variety shall be received by the expert institution  within 
two months from the date of payment.  
49. The fee for maintaining the  validity of  proprietary right to spread a plant variety may 
be paid for five years. The paid amount of such fee shall not be refunded to the payer in case 
of early termination of the property right to spread  the variety.  
50. The fee for the maintaining  the validity of the property right to spread  a plant variety, 
which is a public domain variety or a common variety, shall be paid once only for the first 
year of maintaining the validity of property right to spread  the variety, following the year of 
state registration of the variety.  
51. The f ee for maintaining the validity of the proprietary right to spread  a plant variety 
may be paid within 24 months after the expiration of the established term. In this case, the 
amount of the fee shall be increased by 50 percent, and the document on its paym ent in the 
form of an extract from the payer's personal account shall be sent to the expert institution 
within two months from the date of payment of the fee.  
52. The fee for entering data on issued licenses into the State Register of Plant Varieties 
Paten ts at the initiative of a party to the license agreement shall be set at the rate of 0.1 
percent of the value of the issued license, but not less than UAH 1700.  
The document on payment of the fee for entering data on issued licenses into the State 
Register of Plant Variety Patents shall be submitted to the Competent Authority together with 
the application for entering data into the State Register of Plant Variety Patents."