Unofficial translation  
 On Amending Certain Legislative Acts of Ukraine to Harmonize Legislation in the 
Sphere of Plant Variety Rights Protection and Seed and Seedling Production with the 
Provisions of the European Union Legislation 
The Verkhovna Rada of Ukraine decrees:  
I. Amend the following legislative acts of Ukraine: 
1. In the Civil Code of Ukraine (Annuals of the Verkhovna Rada of Ukraine, 2003, Nos. 40-
44, Article 356): 
1) Clause 3 of the first part of Article 485 shall be deleted; 
2) paragraphs 1 and 2 of the first part of Article 486 shall be amended as follows: 
"1) the author of a variety of plants, breeds of animals, a breeder of varieties of plants, breeds 
of animals; 
2) other persons who have acquired intellectual property rights to a variety of plants, a breed 
of animals by deed or law"; 
3) Article 488 shall be amended as follows: 
" Article 488. Term of validity of property rights of intellectual property on a variety of 
plants, breed of animals 
1. Property rights of intellectual property on a variety of plants, a breed of animals, certified 
by a patent, are valid from the date following the date of their state registration, provided that 
such rights are maintained in accordance with the law. 
2. The law may establish conditions for the temporary validity of property rights of 
intellectual property on plant varieties, animal breeds until they come into force in accordance 
with the first part of this article. 
3. The term of validity of the exclusive property rights of intellectual property for the breed 
of animals expires on the last day of the thirtieth year, counted after the year of state registration 
of such rights. 
4. The term of validity of exclusive property rights of intellectual property on plant varieties 
shall be established by law." 
2. In the Law of Ukraine "On Protection of Rights to Plant Varieties" (Vedomosti 
Verkhovna Rada of Ukraine, 2002, No. 23, Article 163): 
1 ) Articles 1 , 3 , 3-1 , 5 shall be amended as follows: 
Article 1. Definition of terms 
In this Law, the following terms are used in the following sense: 
the author of the variety - a natural person who directly bred, invented or improved the 
variety; 
author's fee - payment to the author of the variety for breeding, inventing or improving the 
variety, which is paid in accordance with the terms of the contract; 
variety database - an automated information system consisting of a system of interconnected 
electronic resources and/or registers. Such a system contains information on varieties, actions 
and status according to the variety application defined by this Law and provides technical THE LAW OF UKRAINE No 2763-IX  Unofficial translation  
capabilities for storage, providing access to available information and carrying out the procedure 
of state registration of the variety and rights to the variety using electronic services; 
database of the International Union for the Protection of New Varieties of Plants (Union 
internationale pour la Protection des Obtentions Vegetales" (hereinafter - UPOV) - information 
on plant variety applications provided by the contracting parties to the Convention and published 
on the official website of the International Union for the Protection of New Varieties of Plants ; 
parental components - plant varieties that are components of the first generation hybrid 
(inbred line, hybrid), used for its breeding or reproduction; 
botanical taxon - a taxonomic category established for a separate group of plants related to 
each other by a common set of signs and properties; 
use of the variety - implementation of one or more actions regarding the seeds and/or 
planting material of the variety: 
production, reproduction and/or conditioning for the purpose of reproduction; 
offer for sale, sale and/or other commercial circulation; 
export outside the customs territory of Ukraine or import into the customs territory of 
Ukraine, as well as storage for any of the specified purposes; 
a contracting party to the Convention is a state or an intergovernmental organization that 
has joined the International Convention for the Protection of New Varieties of Plants , concluded 
on December 2, 1961 in Geneva, taking into account the changes introduced by the Additional 
Acts of November 10, 1972, October 23, 1978 and March 19 1991; 
state registration of rights to a variety - official recognition and certification by the state of 
the facts of the emergence, termination and, in cases established by law, transfer of intellectual 
property rights to a variety by entering relevant information into the State Register of Patents for 
Plant Varieties on the basis of the decision of the Competent Authority on state registration of 
rights to a variety in the manner established by this Law; 
state registration of a variety - official recognition and certification by the state of the right 
to distribute a variety by entering relevant information about the variety into the State Register 
of plant varieties suitable for distribution in Ukraine, based on the decision of the Competent 
Authority on state registration of the variety in the manner established by this Law; 
The State Register of Patents for Plant Varieties (hereinafter - the Register of Patents) - the 
official list of varieties, intellectual property rights to which are certified by variety patents, and 
patent information about such varieties; 
The State Register of Plant Varieties Suitable for Distribution in Ukraine (hereinafter - the 
Register of Varieties), - the official list of varieties suitable for distribution in Ukraine; 
expert opinion on the variety application (hereinafter - expert opinion) - documented results 
of the qualification examination of the variety for making a decision on the state registration of 
the rights to the variety and/or the state registration of the variety or on the refusal of the state 
registration of the rights to the variety and/or the state registration of the variety ; 
expert institution - an enterprise, institution or organization authorized by the Competent 
Body to exercise certain powers in the field of protection of rights to plant varieties in accordance 
with this Law; 
applicant - a person who submitted an application for a variety and/or acquired the 
applicant's rights in accordance with the procedure established by law; Unofficial translation  
the object of the variety application is the plant variety for which the application is 
submitted; 
official sample - planting material provided for long-term storage, as well as for the purpose 
of establishing the preservation of the characteristics of the variety in the order established by 
the Competent Authority; 
official sources of information about applications for varieties and varieties of plants - 
official publications, information published on the websites of the Competent Body and expert 
institution, information published in the Register of Applications, the Register of Patents, the 
Register of Varieties, the Register of Representatives on Intellectual Property for Plant Varieties; 
maintainer of a variety - a person who, without acquiring intellectual property rights to the 
variety, ensures the preservation of the variety by maintaining the characteristics determined 
during the state registration of the variety, and who distributes the variety, which is a variety in 
the public domain or a common variety, or distributes the variety in other cases specified by this 
Law ; 
planting material - seeds or planting material considered suitable for the reproduction of 
whole plants; 
representative - a person who acts in the interests of the applicant and/or other subjects of 
rights regarding the variety for the purpose of performing any legal actions, the right to perform 
which he acquired on the basis of a deed or law; 
Register of applications - a list of official information about applications for a variety, 
maintained in electronic form; 
Register of representatives on matters of intellectual property of plant varieties (hereinafter 
- Register of representatives) - an official list of persons acting on behalf of the authors of the 
variety, breeders, applicants, patent holders, owners of the property right to distribute the variety, 
supporters of the variety; 
breeder - a person who bred, invented or improved a variety; a person who has or had 
employment or civil-law relations with a person who bred, invented or improved the variety 
(employer, customer), related to the breeding, invention or improvement of the variety; a person 
who is a legal successor (heir) of the specified persons; 
variety of plants (further - variety) - a separate group of plants (clone, line, hybrid of the 
first generation, population) within the framework of the lower known botanical taxa (genus, 
species, variety), regardless of whether it meets the conditions for the emergence of legal 
protection that can be to be determined by the degree of manifestation of features resulting from 
the activity of the corresponding genotype or combination of genotypes, to be distinguished from 
any other group of plants by the degree of manifestation of at least one of the specified features 
and to be considered as a whole from the point of view of its suitability for reproduction in an 
unchanged form"; 
Article 3. Scope of the Law 
This Law applies to varieties of all genera and species of plants. 
The norms of this Law regarding the determination of the suitability of a variety for 
distribution in Ukraine, the property right for the distribution of a variety in Ukraine do not apply 
to plant varieties used for decorative purposes. 
Article 3-1 . Subjects of rights regarding the variety Unofficial translation  
Subjects of rights regarding the variety are: 
1) the author; 
2) breeder; 
3) other persons who acquired the right to the variety by law or deed"; 
Article 5. Rights of foreign and stateless persons 
Foreign persons and persons without citizenship acquire rights to a variety and enjoy the 
protection of such rights in accordance with this Law on an equal basis with citizens and legal 
entities of Ukraine, except for cases expressly provided for by this Law, other legislative acts of 
Ukraine or international treaties of Ukraine"; 
2) in the first part of Article 6: 
Paragraph six should be amended as follows: 
"determines the procedure for maintaining the Register of applications, the Register of 
patents, the Register of varieties, the Register of representatives"; 
after the sixth paragraph, add a new paragraph with the following content: 
"determines the amount and procedure for payment of fees for actions related to the 
enforcement of powers in the field of protection of rights to plant varieties". 
In this regard, the seventh paragraph shall be considered the eighth paragraph; 
3) the fourth and sixth paragraphs of the first part of Article 7 shall be amended as follows: 
"considering the application for the variety and carrying out the qualification examination 
of the variety"; 
"observing the rights provided for by this Law"; 
4) Articles 8 and 9 shall be amended as follows: 
" Article 8. Powers of the central body of executive power, which ensures the formation 
and implementation of state policy in the field of protection of rights to plant varieties 
(Competent Body) 
1. Competent body: 
ensures the formation and implementation of state policy in the field of protection of rights 
to plant varieties; 
ensures the development of scientific and material and technical potential in the field of 
protection of rights to plant varieties; 
coordinates the formation and implementation of international scientific and technical 
programs and projects in the field of protection of rights to plant varieties under joint 
intergovernmental, interdepartmental and other agreements; 
contributes to the development of innovative activities in the field of varietal research and 
protection of rights to plant varieties; 
provides a state order for conducting scientific and technical expertise in the field of 
protection of rights to plant varieties; 
summarizes the practice of applying legislation on the protection of rights to plant varieties, 
develops proposals for its improvement; Unofficial translation  
ensures the acceptance and registration of applications for varieties, their review, 
qualification examination of the variety and makes decisions on state registration of rights to a 
variety and/or state registration of a variety or refusal of state registration of rights to a variety 
and/or state registration of a variety; 
ensures priority setting of the application, approval of the name of the variety, verification 
of application information and application materials; 
carries out state registration of rights to the variety and state registration of the variety; 
assigns tasks to the expert institution to perform individual expert actions regarding the 
consideration of the application for a variety and/or conducting the qualification examination of 
a variety; 
ensures the formation and maintenance of a database of varieties; 
authorizes enterprises, institutions or organizations to exercise certain powers in the field of 
protection of rights to plant varieties in accordance with this Law; 
issues patents for plant varieties, certificates of authorship for plant varieties, certificates of 
state registration of plant varieties; 
ensures maintenance of the Register of applications, Register of patents, Register of 
varieties, Register of representatives; 
organizes the verification of the preservation of varieties; 
ensures the publication of official information on applications for varieties, on state 
registration of varieties, on state registration of rights to varieties, on issued patents for plant 
varieties, certificates of authorship for plant varieties, certificates on state registration of plant 
varieties; 
ensures the release of an official publication on varieties suitable for distribution in Ukraine; 
ensures the publication of official information on the issuance of a permit (license) for the 
use of the variety and on the state registration of the transfer (alienation) of intellectual property 
rights to the variety; 
supervises the activities of the expert institution in terms of the fulfillment of the conditions 
of the authorization to exercise certain powers in the field of protection of rights to plant 
varieties; 
carries out international cooperation in the field of legal protection of plant varieties and 
represents the interests of Ukraine in matters of protection of rights to plant varieties in 
international organizations in accordance with legislation; 
organizes information and publishing activities in the field of protection of rights to plant 
varieties; 
organizes scientific research works, approves programs of scientific research and research 
and development works in the field of protection of rights to plant varieties; 
organizes work on training, retraining and certification of personnel (personnel) of the state 
system of protection of rights to plant varieties; 
approves the methods and procedure for pre-registration and post-registration study of 
varieties; 
approves the methodology for carrying out qualification examination of a variety, 
determines the list of genera and species of plants, the varieties of which undergo qualification Unofficial translation  
examination in expert institutions, other requirements of qualification examination, programs of 
research and development work in the field of protection of rights to plant varieties; 
approves normative legal acts and other documents regarding consideration of applications 
for varieties, conducting qualification examination; 
organizes and participates in international scientific events (forums, symposia, conferences, 
etc.), coordinates the participation of scientific institutions in the activities of foreign and 
international scientific societies, associations and unions on the rights of their members in the 
field of intellectual property of plant varieties; 
exercises other powers specified by this Law. 
Article 9. Authorization of enterprises, institutions, organizations to exercise separate 
powers in the field of protection of rights to plant varieties 
1. The competent authority may authorize enterprises, institutions, organizations to exercise 
certain powers in the field of rights to plant varieties established by this Law for the Competent 
Authority, provided that such an enterprise, institution, organization meets the following 
requirements: 
is a legal entity - a resident of Ukraine; 
can confirm the appropriate level of competence; 
has a sufficient number of appropriately qualified personnel working on a permanent basis; 
is not a subject of seed production and nursery; 
does not use material resources of the applicant; 
has in its structure accredited laboratories necessary for the implementation of separate 
powers in the field of protection of rights to plant varieties; 
has the status of a scientific institution; 
has a quality management system, including a description of the structure and process of the 
qualification examination, approved by the Competent Authority; 
does not have a conflict of interest regarding the object of the variety application; 
exercises authority in the field of protection of rights to plant varieties at the addresses of 
the objects of the expert institution, its branches or separate divisions, which are specified in the 
decision of the Competent Authority regarding the authorization. Involvement of third parties in 
the performance of powers in the field of protection of rights to plant varieties is allowed in 
accordance with the procedure established by the Competent Authority; 
has the appropriate informational, material and technical base and other infrastructure 
facilities necessary for the exercise of powers in the field of plant variety rights, for the exercise 
of which the authority is granted. 
2. The procedure for confirmation by enterprises, institutions, organizations of the 
appropriate level of competence, requirements for a sufficient number of appropriately qualified 
personnel working on a permanent basis, requirements for material and financial resources, 
accredited laboratories and quality management systems, a list of documents necessary for 
obtaining authorization, and the procedure for their submission is approved by the Competent 
Authority. 
3. In the event of a decision on the authorization of an enterprise, institution, or organization, 
the Competent Body issues an organizational and administrative act, which states: Unofficial translation  
the name of the legal entity authorized to perform certain powers of the Competent Body; 
term of authorization; 
the list and requirements for the exercise of powers in the field of rights to plant varieties, 
the exercise of which is granted, and the procedure for monitoring their exercise; 
the conditions under which the authorization may be terminated or revoked; 
a list of the objects of the expert institution with their addresses, its branches or separate 
subdivisions, under which certain powers of the Competent Authority are carried out; 
the procedure for coordinating the actions of the Competent Body and the expert institution. 
4. Expert institutions regularly, as well as at the request of the Competent Body, report on 
the results of their activities in the field of protection of rights to plant varieties, the status of 
implementation of decisions, mandates and other normative and administrative acts of the 
Competent Body, including on compliance with the specified deadlines for their 
implementation. 
The order of control, submission of reports and their list shall be established by the 
Competent Authority. 
5. Every year, the competent body supervises the activities of the expert institution on the 
implementation of separate powers in the field of protection of rights to plant varieties. In the 
case of detection of violations as a result of control, the Competent Authority sets a deadline for 
their elimination. If the expert institution does not take measures to eliminate such violations 
within the prescribed period, the Competent Body shall revoke the authority of the expert 
institution. 
6. The competent body publishes on its official website the organizational and 
administrative act on the authorization of the expert institution no later than the next day after 
its adoption, as well as the list of expert institutions authorized to exercise certain powers in the 
field of protection of rights to plant varieties. 
7. Expert institutions cannot be authorized by the Competent Body to exercise powers in 
relation to: 
making decisions on state registration of rights to a variety and/or state registration of a 
variety or refusal of state registration of rights to a variety and/or state registration of a variety; 
issuance of security documents certifying the rights to the variety; 
provision of a state order for conducting scientific and technical expertise in the field of 
protection of rights to plant varieties; 
representation of the interests of Ukraine on issues of protection of rights to plant varieties 
in international organizations. 
8. Expert institutions not included in the scope of management of the Competent Body 
cannot: 
to be authorized to carry out a qualification examination of the variety for excellence, 
uniformity and stability; 
to have access to the technical questionnaire of the variety and other confidential 
information"; 
5) Section I shall be supplemented with Article 9-1 with the following content: Unofficial translation  
Article 9-1 . Database of varieties and registers 
1. The variety database and registers provided for by this Law are state property, subject to 
lifelong storage and maintained at the expense of the state budget for the purpose of 
comprehensive integration of information on varieties and rights to them. 
2. The holder and administrator of the database of varieties and registers provided for by 
this Law is the Competent Body, which provides free and open access to their information, 
except for information that is confidential. 
3. The electronic services of the variety database must provide the opportunity for applicants 
and persons who have acquired the right to a variety to access their personal electronic account 
and manage their profile. 
4. The variety database has the status of an official publication and an official source of 
information on variety applications and information on their legal status. 
5. The procedure for maintaining and administering the database of varieties and registers 
provided for by this Law shall be established by the Cabinet of Ministers of Ukraine"; 
6) the title of Section II and Articles 10-13 should be amended as follows: 
"Chapter II  
CONDITIONS OF ACQUISITION OF VARIETY RIGHTS";  
Article 10. Rights to variety 
1. According to this Law, the following rights to a variety may be acquired: 
personal non-property intellectual property rights to the variety certified by state 
registration; 
property rights of intellectual property on the variety, evidenced by the patent on the plant 
variety; 
the property right to spread the variety, certified by state registration. 
2. The rights to the variety specified in this article are acquired for the variety for which the 
name has been approved and which meets the conditions and criteria defined by this Law. 
Article 11. Criteria for suitability of a variety for acquiring intellectual property rights to it 
1. Varieties of a variety that can be acquired are a clone, an inbred line, a hybrid of the first 
generation, a population. 
2. A variety is considered suitable for acquiring rights to it as an object of intellectual 
property, if it is new, distinctive, homogeneous and stable based on the manifestation of features 
generated by a certain genotype or a certain combination of genotypes. 
3. A variety is considered new if, before the date on which the application for the variety is 
considered submitted, the applicant or another person with his permission did not sell or in any 
other way transfer material of the variety for commercial circulation: 
a) on the territory of Ukraine - one year before this date; 
b) on the territory of another state: for tree and shrub crops and grapes - six years before this 
date; for plants of other species - four years before this date. 
4. The novelty of the variety is not lost if any of its material was sold or transferred in any 
other way, including before the dates specified in clauses "a" and "b" of part three of this article: Unofficial translation  
a) with abuse to the detriment of the applicant; 
b) for the execution of the contract on the transfer of the right to apply for a variety; 
c) for the performance of a contract on the reproduction of the reproductive material of a 
variety or during the qualification examination for the distinction, uniformity, stability, 
examination of the suitability of the variety for distribution, provided that the material collected 
as a result was transferred only to the applicant and was not used for the production of the 
reproductive material of the variety; 
d) for the implementation of measures defined by legislation, in particular in the field of 
biological safety, or entering a variety into the Register of varieties; 
e) as a by-product or excess product obtained during the creation or improvement of a 
variety, or in the cases provided for in points "c" and "d" of this part without reference to the 
variety, only for consumption; 
e) for the purpose of demonstrating the variety at an official or officially recognized 
exhibition or fair. 
5. Varieties of plant genera and species, the ownership of which has been limited in 
accordance with Clause 2 of Section IX of this Law, may be recognized as suitable for legal 
protection without complying with the requirements of Part Three of this Article. At the same 
time, the date of priority is set according to the date of receipt of the application for the variety 
to the Competent Body. 
The term of validity of intellectual property rights to a variety is established by Article 41 
of this Law. 
6. A variety meets the condition of distinctiveness if, by the manifestation of its 
characteristics, it clearly differs from any other variety that was generally known before the date 
on which the application for this variety is considered to have been submitted. 
The variety opposed to the declared variety is considered to be well-known if, on the date 
of application for this variety: 
a) the variety is granted legal protection and/or it is entered in the official register of varieties 
of any contracting party to the Convention ; 
b) an application has been submitted for the purpose of granting legal protection and/or entry 
into the official register of plant varieties in any contracting party to the Convention , provided 
that a decision has been made to grant legal protection or enter the variety into the register based 
on the application. 
7. A variety is considered homogeneous if, taking into account the characteristics of 
reproduction, all plants of this variety remain sufficiently similar (homogeneous) according to 
the main characteristics specified in the description of the variety. 
8. A variety is considered stable if its main characteristics, specified in the description of 
the variety, remain unchanged after repeated breeding, and in the case of a special breeding cycle 
- at the end of each cycle. 
9. The state registration of rights to a variety does not depend on additional conditions that 
differ from those specified in this article, if the name of the variety is approved in accordance 
with Article 13 of this Law and the applicant has complied with all the requirements stipulated 
by this Law, including the payment of the necessary fees. 
Article 12. Conditions for state registration of a variety Unofficial translation  
1. State registration of a variety is carried out if: 
a) the variety is excellent, uniform and stable; 
b) approved variety name; 
c) the variety is suitable for distribution in Ukraine. 
2. State registration of a variety used as a parent component is carried out if: 
a) the variety is excellent, uniform and stable; 
b) approved variety name. 
3. State registration of varieties registered in the member states of the European Union 
and/or in the United States of America (hereinafter - varieties registered in the EU and/or the 
USA) is carried out at the request of the applicant without conducting a qualification 
examination. Confirmation of registration of a variety in the EU and/or the USA is the 
information of the general list (catalogue) of EU varieties and/or UPOV information. The 
specified information is obtained by the Competent Authority independently and does not 
require additional confirmation by the applicant. 
Article 13. Name of the variety 
1. The name of the variety must uniquely identify it and differ from the name of any other 
variety existing in Ukraine and/or another contracting party to the Convention , of the same or 
related species. 
2. The name of the variety includes its generic or species designation and its proper name. 
3. The proper name can be represented by any word, combination of words, combination of 
words and numbers, or combination of letters and numbers. 
In the application for a plant variety, the applicant indicates the name of the variety in 
Ukrainian and its transliteration in Latin. 
4. The name of the variety must not: 
a) contradict the principles of humanity and morality; 
b) consist only of numbers, unless it corresponds to the established practice of naming 
varieties, or consist exclusively of signs or indications that indicate the species, maturity group, 
quality, purpose, value, origin or cultivation technology; 
c) mislead or misrepresent the characteristics, value, geographical origin of the variety, as 
well as the author of the variety, breeder or other interested person; 
d) be identical or similar to the extent that it can be confused with the name of another 
variety, the rights to which have been acquired in Ukraine and/or another contracting party to 
the Convention . 
5. The variety must be offered in Ukraine and in other contracting parties to the Convention 
under the same name, unless such a name is unacceptable on the territory of Ukraine. 
The variety name proposed by the applicant is published in the official publication. The 
competent authorities of all contracting parties to the Convention are informed about it by 
entering relevant information into the UPOV database. 
6. Any rights associated with the approved variety name should not prevent its free use in 
connection with such variety, even after the expiration of the term of legal protection of this 
variety. Unofficial translation  
7. The competent authority approves the name of the variety proposed by the applicant based 
on a conclusion on its compliance with the requirements established by this Law. The applicant 
is sent a conclusion on the approval of the name of the variety. 
8. If at the time of submitting an application for a variety, the name of the variety has not 
been proposed, the applicant is obliged to propose the name of the variety for approval no later 
than 30 days after receiving the expert opinion. 
9. In the case of detection of inconsistency of the proposed name of the variety with the 
requirements established by this Law, the applicant is sent a conclusion with the justification of 
the inconsistency of the proposed name of the variety. 
10. Any person may submit a reasoned objection to the proposed variety name to the 
Competent Authority within three months from the date of its publication in the official 
publication. A copy of such objection is sent to the applicant. 
11. The applicant is obliged to provide a reasoned response to the conclusion with 
justification of the inconsistency of the proposed variety name or objection to the proposed 
variety name within three months from the date of receipt of the conclusion. He may rebut the 
conclusion or objection and leave the proposed variety name unchanged or propose another 
variety name for adoption. The specified term can be extended up to six months, subject to 
payment of the corresponding fee. 
12. The other variety name proposed by the applicant is published in the official publication, 
and all competent authorities of the contracting parties to the Convention are informed about it 
by entering relevant information into the UPOV database. Approval of another variety name is 
carried out in the same manner as the previously proposed variety name. 
13. Based on the results of consideration of the reasoned response to the conclusion or 
objection, the applicant and/or the person who submitted the objection shall be sent a conclusion. 
14. At the request of the applicant, the name of the variety approved by the Competent 
Authority can be changed, provided that the request is submitted no later than 10 days after 
receiving the expert opinion and paying the appropriate fee. 
15. The approved name of the variety is approved by the decision on state registration of the 
variety and/or state registration of rights to the variety. The competent authorities of all 
contracting parties to the Convention are informed about the approved name of the variety by 
publishing information about the variety in the UPOV database. 
16. After approval of the name of the variety by the decision on state registration of the 
variety and/or state registration of rights to the variety, its change is possible if it is established 
that the name of the variety no longer meets the requirements defined by this article, the name 
of the variety has been changed in another contracting party to the Convention , or based on a 
court decision. 
The competent authority shall give the holder of the patent or the owner of the property right 
to propagate the variety the opportunity to propose a new name of the variety in accordance with 
this article, subject to payment of the appropriate fee. 
17. In case of change of the name of the variety after its approval, if the name of the variety 
has been changed in another contracting party of the Convention , the patent holder has the right 
to establish a ban on the use of the previous name of the variety as the name of the variety of 
other applicants for a period of no more than five years, subject to payment of the relevant fee, Unofficial translation  
for which he submits a petition to the Competent Authority. Information on the establishment of 
such a ban is published in the official publication"; 
7) the title of Section III , Articles 15-21 , 23-25 shall be amended as follows: 
"Chapter III  
PROCEDURE FOR ACQUISITION OF VARIETY RIGHTS";  
Article 15. General provisions of the procedure for acquiring rights to a variety 
1. Intellectual property rights to a variety are acquired in Ukraine by submitting and 
reviewing an application for a variety, approving the name of the variety, establishing the 
novelty of the variety, carrying out qualification examination of the variety and state registration 
of rights to the variety. 
The property right to distribute a variety is acquired in Ukraine by submitting and reviewing 
an application for a variety, approving the name of the variety, and in the cases provided for by 
this Law, conducting a qualification examination of the variety and state registration of the 
variety. 
2. The acquisition of rights to a variety in foreign countries is carried out independently of 
the acquisition of such rights in Ukraine. 
3. On behalf of the author of the variety, the breeder, the applicant, the owner of the patent, 
the owner of the property right to distribute the variety, the supporter of the variety in the 
relations regulated by this Law, a representative (representatives) or a representative 
(representatives) for intellectual property matters, registered in accordance with regulations on 
them, approved by the Cabinet of Ministers of Ukraine. In this case, the relationship with the 
representative is considered to be the relationship with the author of the variety, the breeder, the 
applicant, the owner of the patent, the owner of the property right to distribute the variety, the 
supporter of the variety, respectively. 
4. From the date of filing an application for a variety and until the moment of making a 
decision on state registration of rights to a variety and/or state registration of a variety or refusal 
of state registration of rights to a variety and/or state registration of a variety, the applicant has 
the right to transfer to another person the right to receive rights to the variety on the basis of the 
contract. 
Article 16. The right of the breeder 
1. The right to submit an application for a variety belongs to any person who can be 
considered a breeder of this variety. 
2. If the variety was created by the author of the variety in connection with the performance 
of an employment contract (contract) or a contract on the creation of a variety to order, the right 
to submit an application for a variety, unless otherwise stipulated by the employment contract 
(contract) or contract on the creation of a variety to order, belongs to the employer (customer) 
as a breeder. 
In such a case, sufficient confirmation of the employer's (customer's) right to submit an 
application for a grade is a note in the application that the grade was created in connection with 
the performance of an employment contract (contract) or an agreement on the creation of a grade 
to order. 
A breeder may transfer the right to apply for a variety in accordance with law or contract. Unofficial translation  
3. If the variety was created jointly by several breeders, they have the right to submit a joint 
application for the variety, unless otherwise stipulated by the contract between them. Refusal of 
one or more breeders from exercising the right to apply for a variety does not terminate such 
right of other co-breeders of the variety. 
4. In the case of revision of the terms of the contract regarding the composition of breeders, 
the Competent Body, upon a joint petition of persons specified in the application as breeders and 
breeders not specified in the application, makes changes to the Register of Applications in the 
prescribed manner, provided that the petition is received prior to the adoption of a decision on 
the state registration of rights to the variety and payment of the corresponding fee. 
5. The right to apply for a variety may be transferred in accordance with the law or contract. 
6. The applicant is responsible for the accuracy of the information provided in the 
application materials. 
Article 17. The right of the author of the variety 
1. Authorship rights belong to the author of the variety, which are personal non-property 
rights and are protected in accordance with the law. 
2. If the variety was created in connection with the performance of an employment contract 
(contract) or an agreement on the creation of a variety to order, the author of the variety notifies 
the breeder (employer/customer) in writing about the variety created by him with a full 
description of such variety, and the breeder (employer/customer ) must enter into a written 
contract with the author of the variety, which provides for the amount and terms of payment of 
a fair copyright fee to him in accordance with the economic value of the variety and other 
benefits thereof, unless otherwise stipulated by the employment contract (contract) or the 
contract on the creation of the variety to order. 
3. The author of the variety has the right to request that he is not mentioned as the author of 
the variety in the variety application materials. The applicant is responsible for providing 
information about the author of the variety in the variety application materials. 
4. The application for the variety is submitted by the author alone or jointly with the 
employer (customer), if this is stipulated in the terms of the employment contract (contract) or 
the contract on the creation of a variety to order. 
5. Any disputes arising between the author of the variety and the employer/customer may 
be resolved in court. 
6. The authors of the variety, breeders and applicants who are in labor relations with the 
Competent Body and/or expert institution, do not have the right to participate in the review of 
the application for the variety and the qualification examination of the variety. 
Article 18. Right of legal successor (heir) 
1. The right to submit an application for a variety is the rightful successor (heir) of any 
person who can be considered the breeder of this variety, in accordance with the law or deed. 
2. In the case of submitting an application for a variety by a legal successor (heir) of a 
breeder, documentary confirmation of legal succession (inheritance) is attached to the 
application. 
Article 19. The right of the first applicant 
1. If the variety was created by two or more breeders (groups of breeders) independently of 
each other, the rights to the variety belong to the applicant whose variety application has an Unofficial translation  
earlier filing date or, if priority is claimed, an earlier priority date, provided that such the 
application is not considered withdrawn, has not been withdrawn or has not been subject to a 
decision on the refusal to issue a plant variety patent. 
2. The first applicant is considered a person entitled to submit a variety application for the 
purpose of acquiring variety rights in accordance with Articles 16, 17 and 18 of this Law. This 
norm does not apply if, before the decision on state registration of rights to a variety and/or state 
registration of a variety or refusal of state registration of rights to a variety and/or state 
registration of a variety is made, the fact of the absence of the right to acquire rights to a variety 
has been established by a court. 
Article 19-1 . The right of any person 
1. Any person may apply for a variety and acquire the rights of a variety maintainer, if such 
variety is a variety in the public domain or a common variety. 
2. A variety is a public domain variety if the period of validity of intellectual property rights 
to it has expired. 
3. A variety is a common variety if there is no information on the breeder's rights regarding 
such a variety in the UPOV database and such a variety was freely distributed without acquiring 
intellectual property rights to it. 
4. The criteria and procedure for assigning varieties to the public domain and common 
varieties shall be established by the Competent Authority. 
Article 20. Application for variety 
1. An application for a variety is submitted to the Competent Body by a person who has the 
right to do so in accordance with this Law. 
2. An application for a variety can be submitted in paper or electronic form at the applicant's 
choice. The procedure for drawing up and submitting an application for a variety is approved by 
the Competent Authority. 
3. An application for a variety is submitted in electronic form, subject to the identification 
of the applicant or his representative using a qualified electronic signature. 
4. The variety application must relate to one variety. 
5. The variety application is written in Ukrainian and must contain: 
a) a statement on the recognition of rights to a variety indicating the types of rights to a 
variety that are acquired by application, which states: 
information about the applicant: 
for an individual - name and place of residence; 
for a legal entity - name and location, code of the Unified State Register of Enterprises and 
Organizations of Ukraine (if available); 
information about the breeder: 
for an individual - name and place of residence; 
for a legal entity - the name and certification that, as far as the applicant is aware, other 
persons were not involved in the breeding, invention or improvement of the variety; 
information about the author/authors of the variety: Unofficial translation  
name and place of residence (if the intention to acquire personal non-property intellectual 
property rights to the plant variety is declared); 
designation of the botanical taxon (in Ukrainian and Latin); 
proposed variety name (if available); 
selection code; 
information about other applications for this variety known to the applicant; 
information about the commercial turnover; 
b) technical questionnaire of the variety, which contains: 
information about the origin of the variety, including the methods and initial forms used for 
its creation, which are confidential information and are kept confidential by the Competent 
Authority and expert institution; 
c) indicating the indicators for determining the suitability of the variety for distribution in 
Ukraine (if the application for the variety indicates the intention to acquire the property right to 
distribute the variety); 
d) other information determined by the Competent Authority, necessary for the acquisition 
of rights to a variety, in particular, documents confirming that the applicant has the right to apply 
for a variety, except in cases where: 
the applicant can be identified as a breeder on the basis of the information exchange 
regarding the submitted variety applications between the competent authorities of the contracting 
parties to the Convention ; 
the application for the variety was submitted by the breeder in accordance with Article 16 
of this Law and it states that the variety was created in connection with the performance of an 
employment contract (contract) or an agreement on the creation of a variety to order and the 
right to submit an application for the variety belongs to the breeder; 
the variety application was submitted in accordance with Article 19-1 of this Law. 
If, on the basis of the information exchange regarding submitted variety applications 
between the competent authorities of the Contracting Parties to the Convention , several breeders 
or groups of breeders can be identified as the applicant, the Competent Body may request a 
document confirming the applicant's right to submit an application for a variety in Ukraine. 
Information about all subjects of rights regarding the variety, who are foreigners, is indicated 
in the application for the variety in the Ukrainian language and letters of the Latin alphabet. 
6. In accordance with the procedure established by the Competent Authority, the applicant 
shall provide trial samples of the variety in the quantity and quality necessary for conducting its 
qualification examination, and an official sample. 
Test samples of parent components, which are constituent components of the variety 
application object, are not provided for the qualification examination of the variety. 
The competent authority may request test samples of the parent components, which are 
constituent components of the object of the application for the variety, in cases and according to 
the procedure established by the Cabinet of Ministers of Ukraine. 
An official sample is not provided for the acquisition of the property right for the distribution 
of a variety of tree, shrub, fruit and berry crops and grapes. Unofficial translation  
7. Information about the author of the variety is indicated in the variety application 
documents and in any publication about the variety or patent application, except in cases where: 
a) the author of the variety requests that he not be mentioned as the author in any publication 
about the application for the variety or patent; 
b) the author of the variety waived personal non-property intellectual property rights to the 
variety; 
c) the application is submitted in accordance with Article 19-1 of this Law; 
d) there is no information about the author of the variety in the event that the breeder can be 
identified based on the information exchange between the competent bodies of the contracting 
parties to the Convention . 
The applicant is responsible for providing information about the author of the variety. 
8. A fee is paid for the submission and consideration of an application for a variety. The fee 
payment document is submitted to the Competent Authority together with the variety application 
or within two months from the date of its submission. Until the date of submission of the fee 
payment document, the application for the variety is not considered by the Competent Authority. 
Article 21. Date of application for a variety 
1. The date of submission of an application for a variety shall be considered the date of 
receipt by the Competent Authority in paper or electronic form of the application materials 
provided for in part five of Article 20 of this Law, or part of the materials containing at least: 
a) an application for the recognition of rights to the variety, which states: information about 
the applicant (in Ukrainian), designation of the botanical taxon (in Ukrainian and Latin), the 
name of the variety proposed by the applicant (if available) and the selection code; 
b) technical questionnaire of the variety. 
2. In case of receipt of materials, on the basis of which the date of submission of an 
application for a variety can be established, and payment of the fee for its submission and 
consideration within 20 calendar days: 
a) the applicant is sent a notice of the acceptance of the application for the variety for 
consideration, the import of experimental samples of the variety for the purposes of the 
qualification examination of the variety and the official sample (indicating the number and date 
of submission of the application for the variety and the required number of samples); 
b) relevant information is entered in the Register of applications and published in the official 
publication. 
3. If the Competent Body, at the time of receiving the variety application materials, has 
reasonable grounds to believe that they do not meet the requirements of the first part of this 
article, it shall notify the applicant thereof within 20 calendar days from the date of receipt of 
such materials. 
To make changes to the application materials for a variety, a three-month period is granted 
from the date of receipt by the applicant of a notice from the Competent Authority about the 
non-compliance of the application materials with the established requirements. If during this 
time such discrepancy is eliminated, the date of submission of the application for the variety will 
be considered the date of receipt of the corrected materials by the Competent Authority. 
Otherwise, the application is considered withdrawn, and a notification is sent to the applicant"; Unofficial translation  
Article 23. Confidentiality of the variety application 
1. From the date of receipt of an application for a variety to the Competent Body and until 
the date of publication of information about the application in accordance with the third part of 
Article 25 of this Law, the materials of the application are confidential information and are kept 
confidential by the Competent Body and expert institution. Access of third parties to the variety 
application materials during this period is prohibited, except in cases provided by law. 
2. The results of the qualification examination of the variety are considered confidential 
information. The competent body organizes the publication on its official website of annual data 
based on the results of the qualification examination of varieties in depersonalized form. 
3. Information about the origin of the variety, including the methods and original forms, the 
confidentiality of which the applicant declared when applying for the variety, is considered 
confidential information and is not subject to disclosure by the Competent Authority and/or 
expert institution, except in cases provided for by law. Access to this information by third parties 
is prohibited. 
4. Persons guilty of violating the requirements regarding the confidentiality of variety 
application materials bear the responsibility provided for by the laws of Ukraine. 
Article 24. Withdrawal of an application for a variety 
The applicant has the right to withdraw the variety application at any time before the date 
of receipt of the decision on the state registration of the variety. 
The variety application is considered withdrawn from the date of receipt by the Competent 
Authority of the applicant's request for its withdrawal, information about which is entered in the 
Register of Applications. 
Withdrawal of a variety application does not release the applicant from the obligation to pay 
the variety application fee. 
Article 25. Consideration of the variety application 
1. Review of the application for a variety is carried out with the aim of establishing 
compliance of the information specified in the application and the materials provided to it with 
the requirements of this Law and other normative legal acts of Ukraine. 
2. Review of an application for a variety is conducted in accordance with the procedure 
established by this Law and the rules for review of an application for a variety approved by the 
Competent Authority. 
Consideration of an application for a variety involves: 
a) verification of conformity of the documents of the variety application with the 
requirements specified in Article 20 of this Law; 
b) comparison of the variety application with information published in the UPOV database; 
c) comparison of the variety application with the copy of the previous application provided 
by the applicant, if such was submitted to the competent authority of the contracting party to the 
Convention , and establishing the priority date in accordance with Article 22 of this Law; 
d) establishing the novelty of the variety in accordance with parts three and four of Article 
11 of this Law; 
e) establishing the fact of payment of the fee for submitting an application for a variety. Unofficial translation  
If the variety application states the intention to acquire intellectual property rights to the 
plant variety and the property right to distribute the variety and it is established that the novelty 
has been lost, the applicant is sent a conclusion on the impossibility of acquiring intellectual 
property rights to the plant variety for the specified reason and the possibility of continuing the 
qualification examination of the variety in order to acquire the property right to spread the 
variety. The applicant has the right to send a reasoned response to this conclusion within two 
months from the date of its receipt. The applicant's answer is taken into account by the 
Competent Authority when establishing the novelty of the variety. 
3. The competent body enters the Register of applications and publishes the following 
information about the application for a variety in the official publication: 
a) application number and date; 
b) priority date (if priority is declared); 
c) the name of the applicant and his representative (if any); 
d) indication of the botanical taxon (in Ukrainian and Latin); 
e) variety name (if available); 
e) selection code; 
f) name (designation) of breeder (breeders); 
g) the name of the author(s) of the variety, except in the case of absence of information 
about the author(s) in the application materials; 
g) types of rights applied for acquisition. 
After the publication of information about the variety application in the official publication, 
any person has the right to familiarize himself with the materials of the application, except for 
confidential ones, in the manner established by the Competent Authority. 
4. If the variety application complies with the requirements of this Law, the applicant shall 
be notified within 20 calendar days from the date on which the application is considered 
submitted, of the positive results of the application review. 
5. In case of non-compliance of the application for a variety with the requirements of this 
Law within 20 calendar days from the date on which the application is considered submitted, the 
applicant is sent a conclusion indicating the justified reasons for the non-compliance of the 
application and a proposal within three months from the date of receipt of such a conclusion to 
eliminate the specified non-compliance and/or submit a motivated response to the conclusion. 
The deadline for eliminating non-conformity of the variety application and/or submitting a 
reasoned response to the conclusion may be extended by six months, provided the applicant pays 
the appropriate fee. 
The period missed for valid reasons is renewed, provided that the applicant submits a 
petition within 12 months from the date of its expiration and pays the corresponding fee. 
6. The applicant has the right to make changes, corrections and clarifications to the variety 
application materials. Such changes, corrections and clarifications are not taken into account if 
they were received by the Competent Body after the decision on state registration of rights to a 
variety and/or state registration of a variety or refusal of state registration of rights to a variety 
and/or state registration of a variety was made. Unofficial translation  
A fee shall be paid for the submission by the applicant on his own initiative of a request to 
correct an error or to make changes to the variety application materials, provided that the error 
is not obvious or technical, and the change occurred due to circumstances dependent on the 
applicant. 
7. The competent body is obliged to inform the applicant about the results of consideration 
of the application for the variety and each petition of the applicant"; 
8) Article 26 shall be deleted; 
9) Article 27 shall be amended as follows: 
" Article 27. Qualification examination of a variety 
1. The qualification examination of a variety has the status of a scientific and technical 
examination and involves conducting a complex of researches of the variety necessary for the 
preparation of an expert opinion. The qualification examination of a variety involves conducting 
research on the variety, uniformity and stability of the variety in accordance with the sixth, 
seventh and eighth parts of Article 11 of this Law, as well as in the cases provided for by this 
Law - examinations of the suitability of the variety for distribution in accordance with Articles 
14 and 29 of this Law. 
2. The qualification examination of the variety begins after payment of the fee for its conduct 
and upon availability of experimental samples of the variety and official sample at the expert 
institution. The amount and procedure for payment of the fee shall be established by the Cabinet 
of Ministers of Ukraine. Fees are paid for research that is actually conducted by an expert 
institution. 
Regarding varieties of genera and species of plants not included in the list of genera and 
species of plants, the varieties of which undergo a qualification examination for the suitability 
of the variety for distribution in expert institutions and a qualification examination for 
distinction, uniformity and stability based on the information provided by the applicant, the 
qualification examination of the variety begins after submission by the applicant of information 
on the results of field studies of expertise on suitability for distribution and on compliance with 
the criteria of distinction, homogeneity and stability in the form established by the Competent 
Authority. 
When submitting an application for a variety, the applicant indicates the expert institution 
for conducting the qualification examination of the variety. The expert institution determines the 
official (officials) responsible (responsible) for conducting the qualification examination 
(hereinafter - grade experts). Variety experts must: 
a) have special knowledge to conduct qualification examination of the variety; 
b) not to have any interest in the results of the review of the application and qualification 
examination of the variety (in particular, conflict of interests); 
c) carry out separate expert actions related to the performance of tasks of the Competent 
Body regarding consideration of the application for the variety; 
d) comply with the requirements for non-disclosure of information that is confidential and 
that they use in the performance of their powers. 
3. When conducting a qualification examination of a variety, the expert institution conducts 
the necessary research independently or: Unofficial translation  
a) grants the applicant permission to carry out the necessary research under the control of 
such an expert institution and takes into account the results of such research as the results of the 
qualification examination of the variety; 
b) at the request of the applicant, takes into account the results of studies provided for the 
qualification examination of the variety, carried out by the competent body of any other 
contracting party to the Convention ; 
c) takes into account the data of the pre-registration variety study for one independent 
vegetation cycle as the results of the qualification examination of the variety, if such pre-
registration variety study was carried out by an expert institution or the applicant under the 
control of an expert institution. 
The procedure for pre-registration variety study, including the provision of test samples of 
the variety, is established by the Competent Authority. 
If the results of research are taken into account for the purposes of qualification examination 
of the variety in accordance with this article, additional research is carried out only at the request 
of the applicant. 
4. The applicant has the right to apply to the expert institution with a request to postpone the 
start of the qualification examination of the variety. 
The expert institution informs the applicant and the Competent Authority within 15 calendar 
days from the date of receipt of the relevant request to postpone the start of the qualification 
examination of the variety. 
5. After completing the qualification examination of the variety, the variety experts form, 
sign and submit an expert opinion for signature to the official of the expert institution in 
triplicate. One copy of the approved expert opinion is sent to the Competent Body for making a 
decision on state registration of rights to a variety and/or state registration of a variety or refusal 
to state registration of rights to a variety and/or state registration of a variety in the manner 
specified in Article 33 of this Law. The second copy of the approved expert opinion is sent to 
the applicant. The third copy of the approved expert opinion remains in the expert institution. 
Expert opinion is sent in paper or electronic form. Variety experts are personally responsible for 
the objectivity, reliability, completeness, validity of expert opinions, and comply with 
confidentiality requirements in accordance with the law. 
If, based on the results of the qualification examination of the variety, it is established that 
the variety meets the requirements of this Law, the applicant must pay the state duty for the state 
registration of rights to the variety and/or the fee for the state registration of the variety within 
30 days from the date of receipt of the expert opinion . In case of non-payment, the application 
for the variety is considered withdrawn, about which the applicant is notified. 
The terms established by this article may be extended, but not for more than six months, on 
the condition that a corresponding petition is submitted and a fee is paid before the deadline 
expires, or renewed within six months after the deadline expires, on the condition that a 
corresponding petition is submitted and the fee is paid. 
If, based on the results of the qualification examination of the variety, it is established that 
the variety does not comply with the requirements of this Law, the applicant and the Competent 
Authority shall be sent a substantiated expert opinion with a proposal to the applicant to provide 
a reasoned answer to it. The motivated answer is provided by the applicant to the Competent 
Authority within two months from the date of receipt of the expert opinion. The competent body 
has the right to: Unofficial translation  
a) take into account the received materials for making a decision on state registration of a 
variety and state registration of rights to a variety in accordance with Article 33 of this Law; 
b) return the expert opinion to the expert institution for revision or request any materials of 
the qualification examination of the variety to make a decision on the state registration of the 
rights to the variety and/or the state registration of the variety or the refusal of the state 
registration of the rights to the variety and/or the state registration of the variety; 
c) in case of detection of violations during the qualification examination of the variety, make 
a decision to cancel its results in whole or in part and to conduct additional research on the 
variety. The fee for conducting additional studies is not paid. 
6. During the qualification examination of the variety, the expert institution is obliged to 
send the applicant and the Competent Body an annual report on the results of the qualification 
examination with relevant explanations in the manner determined by the Competent Body. The 
applicant has the right to send comments to the expert institution regarding the results obtained 
during the research within two months from the date of receipt of such a report. 
During the qualification examination of the variety, the Competent Authority has the right 
to send the applicant a justified request for the provision of additional materials, information, 
documents, experimental samples of the variety to establish the variety's distinctiveness, 
homogeneity and stability, and in the cases provided for by this Law - regarding the suitability 
of the variety for distribution. 
7. In accordance with the procedure established by the Competent Authority, the applicant 
may participate in the consideration of issues arising during the qualification examination of the 
variety. The expert institution is obliged to immediately inform the applicant about such issues 
and to provide reliable information about the progress of the qualification examination of the 
variety and the actions that are carried out during the period of its conduct"; 
10) delete Article 28 ;  
11) Articles 29 and 30 shall be amended as follows: 
" Article 29. Expertise on the suitability of a variety for distribution 
1. The competent body approves the list of genera and species of plants, the varieties of 
which undergo examination for the suitability of the variety for distribution in expert institutions. 
As for varieties of genera and species of plants not included in the specified list, the decision is 
made on the basis of information provided by the applicant. 
2. The importation into Ukraine of test samples of a variety intended for the qualification 
examination of a variety is carried out on the basis of a notice of acceptance of an application 
for a variety for consideration, importation of test samples of a variety for the purposes of 
qualification examination of a variety and an official sample issued by the Competent Authority. 
3. Certificates certifying varietal and sowing quality of seeds or varietal and commercial 
qualities of planting material are not required for experimental samples of a variety for the 
purposes of qualification examination of the variety and official sample, which are imported into 
Ukraine. 
The Competent Authority determines the size (volume) of test samples of the variety for the 
purposes of qualification examination of the variety and the official sample, which are imported 
into Ukraine, taking into account the size (volume) of the sample required for phytosanitary 
examination (analyses), determined in accordance with the legislation on plant quarantine. Unofficial translation  
For the purposes of acceptance and accounting of such samples by an expert institution, the 
integrity of the packaging is not considered violated if the packaging is damaged for the purpose 
of phytosanitary examination (analyses). 
4. The competent authority enters a notice of acceptance of the application for the variety 
for consideration, the import of experimental samples of the variety for the purposes of 
qualification examination of the variety and the official sample to the unified state information 
web portal "One-stop shop for international trade" in the form of an electronic document certified 
by a qualified electronic signature, on the day of the notification. 
5. The state phytosanitary inspector shall verify the presence of the notification specified in 
this article during the phytosanitary control of experimental samples of the variety that are 
imported into Ukraine for the purposes of qualification examination of the variety and official 
sample in accordance with the procedure approved by the Cabinet of Ministers of Ukraine. 
Information regarding the presence of the notification specified in this article can be 
provided to the state phytosanitary inspector in paper form or using the single state information 
web portal "One Window for International Trade". 
In the absence of the notification specified in this article, experimental samples of the 
variety, which are imported into Ukraine for the purposes of qualification examination of the 
variety, are subject to detention by the state phytosanitary inspector until such notification is 
provided. In the event of the impossibility of providing such notification, the state phytosanitary 
inspector makes a decision on the return outside the customs territory of Ukraine of experimental 
samples of the variety, which are imported into Ukraine for the purposes of qualification 
examination of the variety and the official sample. 
Based on the results of the inspection of the notice specified in this article, the state 
phytosanitary inspector draws up an act in the form approved by the Cabinet of Ministers of 
Ukraine and makes a decision in accordance with the law, with information about the decision 
entered into the single state information web portal "One Window for International Trade". 
Article 30. Objection by third parties 
1. Any person may submit to the Competent Body a reasoned objection to the state 
registration of rights to a variety and/or the state registration of a variety on the basis of its non-
compliance with the requirements established by this Law within six months from the date of 
publication of information about the variety application in the official publication. 
The competent authority sends a copy of the objection to the applicant within 10 days from 
the date of its receipt. 
2. The applicant can inform the Competent Authority about his attitude to the objection 
within three months from the date of its receipt. The applicant can refute the objection, leave the 
variety application unchanged, make changes to it or withdraw it. 
The specified term can be extended for six months, subject to payment of the corresponding 
fee. 
The period missed for valid reasons is renewed, provided that the applicant submits a 
petition within 12 months from the date of his departure and pays the fee. 
3. The applicant's response about leaving the variety application unchanged or making 
changes to it is brought to the attention of the person who filed the objection. Such a person is 
given a one-month period to notify the Competent Authority about whether he maintains the 
objection or withdraws it. Unofficial translation  
4. In the case of receipt of a notice of abandonment of objection, such objection shall be 
considered by the Competent Authority. The competent authority may demand from the person 
who filed the objection or from the applicant the information, documents, samples, etc. necessary 
for consideration of the objection. 
5. The person who submitted the objection and the applicant shall be notified of the results 
of the consideration of the objection"; 
12) Article 31 shall be deleted; 
13) Articles 33-35 shall be amended as follows: 
Article 33. State registration of a variety and state registration of rights to a variety 
1. If the declared variety complies with the requirements of this Law, subject to the 
availability of a conclusion on the approved name of the variety and payment of the appropriate 
fee and/or state duty, the Competent Body: 
a) within 15 days from the date of receiving the expert opinion, makes a decision on state 
registration of the variety and/or state registration of rights to the variety; or 
b) for a variety registered in the EU and/or the USA, if at the request of the applicant the 
qualification examination was not carried out, - within 15 days from the date of sending a 
notification about the positive results of the application review, a decision is made on the state 
registration of the variety. 
In the event that the declared variety meets the requirements of this Law, but there is no 
conclusion on the approved name of the variety and/or payment of the corresponding fee and/or 
state duty, the Competent body shall make a decision on state registration of the variety and/or 
state registration of rights to the variety within 15 days from approval of the variety name in 
accordance with Article 13 of this Law and/or payment of the relevant fee and/or state duty. 
2. If the declared variety does not meet the requirements of this Law, the Competent Body 
makes a decision to refuse the state registration of the variety and/or the state registration of 
rights to the variety within 15 days after the expiration of the period established for submitting 
a motivated response to the expert opinion in accordance with Article 27 of this of the law 
Within 5 days from the date of adoption of the decision on refusal, the Competent Body 
notifies the applicant of such a decision by sending a notification in paper or electronic form. 
3. Intellectual property rights to plant varieties are valid from the date of their state 
registration. 
The property right to spread the variety is effective from the date of the decision on the state 
registration of the variety and is valid indefinitely, subject to payment of the appropriate fee. 
4. State registration of intellectual property rights to a variety is carried out in accordance 
with the decision of the Competent Body on state registration of rights to a variety. 
The state registration of the property right to spread the variety is carried out in accordance 
with the decision of the Competent Body on the state registration of the variety. 
The information provided for by this Law shall be entered into the Register of Patents and/or 
the Register of Varieties within 10 calendar days from the date of adoption of the relevant 
decision. 
Article 34. Publication of information entered in the registers Unofficial translation  
1. Information entered in the Register of Varieties, the Register of Patents and the Register 
of Applications, and the description of the variety no later than 20 days from the date of their 
entry, are published in the official publication. 
2. The register of varieties contains a set of official information regarding the registration of 
the variety, in particular: 
a) designation of the botanical taxon (in Latin and Ukrainian); 
b) variety name and selection code (in Ukrainian and its Latin transliteration); 
c) name (designation) of the owner of the property right to distribute the variety and/or the 
supporter of the variety (in Ukrainian and English); 
d) application number and date; 
e) variety description; 
e) indicating the characteristics of the variety's suitability for distribution in Ukraine; 
f) geographical and zonal recommendations for the variety; 
g) the name and address of the place of residence (location) of the maintainer of the variety 
(in English and Ukrainian) (if available); 
g) date of state registration of the variety; 
h) information on termination and/or renewal of state registration of the variety. 
3. The patent register contains a set of official information regarding the state registration 
of rights to a variety, in particular: 
a) patent number and date of state registration of rights to the variety; 
b) indication of the botanical taxon (in Latin and Ukrainian); 
c) variety name and selection code (in Ukrainian and its Latin transliteration); 
d) application number and date; 
e) priority date (if available); 
e) variety description; 
f) the name (designation) of the breeder (breeders) and the holder of the variety patent (in 
English and Ukrainian); 
g) the name of the author(s) of the variety with his/her consent or request; 
g) information on the granting of licenses for the use of the variety (at the request of any 
party to the license agreement); 
h) information on the transfer of rights to the variety; 
i) information on the validity period of the patent; 
i) the name (name) and address of the place of residence (location) of the maintainer of the 
variety (in English and Ukrainian) (if available); 
i) information on termination and/or renewal of rights to the variety. 
4. The register of applications contains a set of official information on submitted 
applications for a variety in accordance with this Law, in particular: 
a) designation of the botanical taxon (in Latin and Ukrainian); Unofficial translation  
b) variety name (if available) and selection code (in Ukrainian and its Latin transliteration); 
c) name (name) and address of the place of residence (location) of the applicant (in English 
and Ukrainian); 
d) the code of the Unified State Register of Enterprises and Organizations of Ukraine for 
the applicant legal entity (if available); 
e) name and address of the place of residence (location) of the breeder(s) (in English and 
Ukrainian); 
e) the name of the author(s) of the variety upon his/her consent or request; 
f) application number and date; 
f) types of rights to the variety, which are declared before acquisition by application for the 
variety; 
g) information on the stages of consideration of the application and passing of the 
qualification examination of the variety. 
5. The information entered in the registers is publicly available. 
6. The information entered in the registers may be changed at the initiative of the applicant, 
the owner of the relevant rights to the variety or the Competent Authority in accordance with the 
legislation. 
In case of changes related to the change of the identity of the applicant, the owner of the 
relevant rights to the variety, the documents specified in the order approved by the Competent 
Authority shall be submitted. 
Article 35. Issuance of documents on variety rights 
1. Within 15 days from the date of state registration of the variety and/or state registration 
of rights to the variety, the competent body shall issue a certificate of authorship of the plant 
variety to the author(s) of the variety, and a patent for the plant variety and/or a certificate of 
state registration of the variety to the applicant . 
2. If there are several authors of the variety, a certificate of authorship for the variety is 
issued to each author. 
3. If the rights to the variety are acquired by several persons, the patent for the plant variety 
and/or the certificate of state registration of the variety shall be issued to the person named in 
the application for the variety first, unless the agreement between the applicants provides 
otherwise. Certified copies of the patent and/or certificate are issued to other applicants at their 
request, subject to payment of the appropriate fee. 
4. Changes may be made to the information specified in the plant variety patent, the 
certificate of state registration of the variety, the certificate of authorship of the plant variety, at 
the request of its owner, in connection with the correction of errors. 
5. Persons who have been issued a patent for a plant variety, a certificate of state registration 
of a variety, a certificate of authorship for a variety of genera and species of plants not included 
in the list of genera and species of plants, the varieties of which undergo a qualification 
examination for compliance of the variety with the criteria of distinction, uniformity and stability 
, as well as the qualification examination on the suitability of the variety for distribution, are 
responsible for the compliance of the variety with the criteria defined by this Law. Unofficial translation  
6. In case of loss or damage of a patent for a plant variety, a certificate of state registration 
of a variety, a certificate of authorship of a plant variety, a duplicate is issued to its owner, which 
terminates the validity of the previously issued document. A fee is paid for issuing a duplicate." 
14) the title of Section IV , Articles 37 and 38 shall be amended as follows: 
"CHAPTER IV  
RIGHTS AND OBLIGATIONS RELATED TO VARIETY";  
" Article 37. Personal non-property intellectual property rights to a variety 
1. The natural person who created the variety is recognized as the author of the variety and 
acquires personal non-property intellectual property rights to the plant variety from the date of 
state registration of rights to the variety. 
2. Individuals who did not make a personal creative contribution to the creation of the 
variety, but only provided technical, organizational or material assistance to the author(s) of the 
variety during the creation of the variety and/or the application, are not recognized as the authors 
of the variety. 
3. Personal non-property intellectual property rights to plant varieties are non-alienable, 
non-transferable and valid indefinitely. 
4. The author of the variety has the right to receive a certificate of authorship for the plant 
variety at his request. 
5. The author of the variety has the right to propose the name of the variety created by him 
and to include his name in the name. 
6. The authors of the variety, which is the result of their joint creative work, have equal 
rights under this Law, unless otherwise provided by a written agreement between them. 
7. A person recognized as the author of a variety has the right to: 
a) to protect against misappropriation or distortion of its authorship; 
b) on non-disclosure of her name as the author of the variety and failure to indicate it in 
publications; 
c) require the indication of one's name when using the variety, if this is practically possible. 
The list of personal non-property rights of the author of the variety given in this part is not 
exhaustive. 
8. In the event of a review of the composition of authors by joint petition of persons specified 
in the application for the variety as authors, as well as persons not specified in the application as 
authors, changes are made to the relevant documents in the established order, provided that the 
petition is submitted before the decision on state registration is made variety rights; 
Article 38. The right to spread the variety in Ukraine 
1. Subjects of the right to spread the variety can be: 
a) patent holder; 
b) the owner of the property right to spread the variety; 
c) maintainer of the variety. 
2. The right to spread the variety includes the following actions regarding the planting 
material of the variety: Unofficial translation  
a) offer for sale; 
b) reproduction; 
c) sale and/or other commercial circulation; 
d) export outside the customs territory of Ukraine or import into the customs territory of 
Ukraine; 
e) storage for any of the purposes specified in points "a", "b" and "c" of this part. 
3. The subject of the right to spread the variety has the right to transfer such right on the 
basis of a deed to any person in whole or in part. The competent body can determine the 
procedure for transferring the right to spread the variety. 
4. A variety can be distributed in Ukraine only if there is information about such a variety 
in the Register of varieties, unless otherwise provided by law. 
The variety in respect of which the decision on state registration was adopted and published 
is the one entered in the Register of varieties. 
In the event that the Competent Authority does not enter information about the variety into 
the Register of Varieties within the specified period, the applicant has the right to distribute the 
variety in the presence of a decision of the Competent Authority on the state registration of the 
variety. 
Regarding the varieties of genera and species of plants not included in the list of genera and 
species of plants, the varieties of which undergo a qualification examination for the suitability 
of the variety for distribution in expert institutions, which is approved by the Competent Body, 
the decision on the state registration of the rights to the variety is simultaneously a decision on 
the state registration of the variety. 
5. Distribution in Ukraine of varieties not entered in the Register of varieties is prohibited, 
unless otherwise established by law. 
6. Varieties of vegetable crops, applications for which have been submitted to the Competent 
Body for the purpose of state registration of the variety, may be distributed in Ukraine until the 
decision on state registration of the variety is made, subject to obtaining approval issued by the 
Competent Body, in the manner determined by the Cabinet of Ministers of Ukraine, taking into 
account such requirements: 
a) approval is issued to the applicant or a person authorized by him for one year with the 
possibility of extension for no more than two years; 
b) the list of varieties of vegetable crops that can be distributed in Ukraine before the 
decision on the state registration of the variety in accordance with the issued approval is made, 
is subject to publication on the official website of the Competent Body; 
c) varieties of vegetable crops that are distributed are subject to mandatory area (soil) 
control; 
d) varieties of vegetable crops that are distributed are subject to mandatory labeling in 
accordance with the requirements established by the Competent Authority; 
e) on the distribution of varieties of vegetable crops in accordance with this part, a report on 
the practical experience of their cultivation may be submitted. 
The necessity of reporting, its periodicity and the form of reporting are determined by the 
Competent Authority. Unofficial translation  
If a decision is made to refuse the state registration of the variety or the application for the 
variety is withdrawn, the approval is subject to cancellation. Information about the cancellation 
of approval is subject to publication on the official website of the Competent Authority, and 
from the moment of such publication, the planting material of the variety is prohibited from 
being distributed in Ukraine. 
The list of botanical taxa belonging to varieties of vegetable crops is established by the 
Competent Authority. 
7. Parental components may be distributed in Ukraine, provided that there is information 
about them as parental components in the Register of Patents and/or the Register of Varieties, 
except for cases provided for by law"; 
15) Article 39-1 exclude; 
16) Articles 40-42 shall be amended as follows: 
" Article 40. Transfer (alienation) of intellectual property rights to a variety 
1. The owner of the patent has the right to transfer his intellectual property rights to the plant 
variety on the basis of a contract to any person who becomes his legal successor. 
2. The owner of the patent has the right to bequeath his property rights to the variety. 
3. The owner of the patent may issue a permit (license) for the use of the variety to any 
person on the basis of a license agreement. According to the license agreement, the patent owner 
(licensor) transfers the right to use the variety to another person (licensee), who undertakes to 
pay the licensor the payments specified in the agreement and to perform other actions stipulated 
by the license agreement. 
4. During the period of validity of intellectual property rights for a plant variety, the patent 
holder has the right to submit to the Competent Authority for official publication, in accordance 
with the established procedure, a statement of readiness to grant permission to any person to use 
the variety (open license). In this case, the fee for maintaining the validity of the exclusive right 
of the patent owner is reduced by 50 percent, starting from the year following the year of 
publication of such statement. 
If no person has declared to the owner of the patent about his intentions regarding the use 
of the variety and has not shown a desire to conclude a license agreement, he can submit a written 
request to withdraw his application. In such a case, the fee for maintaining the validity of the 
patent owner's exclusive right shall be paid in full, starting from the year following the year of 
publication of such petition. 
5. A license agreement, an agreement on the transfer (alienation) of intellectual property 
rights to a plant variety is considered valid if it is concluded in writing and signed by the parties. 
6. The transfer (alienation) of intellectual property rights to a plant variety is subject to state 
registration in the Register of Patents with publication of information about this in the official 
publication. A permit (license) for the use of a plant variety is not subject to mandatory state 
registration. Information on issued permits (licenses) for the use of plant varieties may be 
published in the official publication and entered into the Register of Patents at the initiative of 
the party to the license agreement. A fee shall be paid for entering the specified information into 
the Register of Patents at the initiative of the party to the license agreement. 
7. Intellectual property rights to a plant variety belonging to a legal entity that is being 
liquidated may be transferred (alienated) to another legal entity in accordance with the procedure 
established by law. Unofficial translation  
Article 41. Term of validity of property rights of intellectual property on a variety of plants 
1. The validity of property rights of intellectual property on a plant variety is limited to the 
term established by law and is maintained, subject to the payment of a fee for its maintenance. 
2. The term of validity of intellectual property rights to a plant variety begins on the day 
following the date of state registration of the right and ends on the last day: 
a) the thirtieth calendar year, counted from January 1 of the year following the year of state 
registration of such rights, for varieties of tree and shrub crops and grapes; 
b) the twenty-fifth calendar year, counted from January 1 of the year following the year of 
state registration of such rights, for all other varieties. 
3. After the expiration of the period of validity of intellectual property rights to a plant 
variety or their early termination in accordance with the second part of Article 50 of this Law, 
as well as in the case of renunciation of such rights in accordance with Article 51 of this Law, 
the corresponding variety becomes a variety of public property and can be freely can be used by 
any person taking into account the provisions of Article 19-1 of this Law. 
4. In accordance with the procedure determined by the Competent Authority, the term of 
validity of intellectual property rights to plant varieties may be extended, but not for more than 
five years. 
Article 42. Fee for maintaining the validity of intellectual property rights to a plant variety 
and maintaining the validity of the property right to spread the variety 
1. The fee for maintaining the validity of the intellectual property rights to the plant variety 
and/or the validity of the property right to spread the variety is paid for each year, starting from 
the calendar year following the year of state registration of rights and/or state registration of the 
variety. The fee for the following year is paid during the last six months of the current calendar 
year. The fee for maintaining the validity of intellectual property rights to a plant variety or the 
validity of the property right to propagate a variety in the first calendar year following the year 
of state registration may also be paid during the first six months of the corresponding year. 
The fee for maintaining the validity of the property right to spread the variety can be paid 
for five years in a row. 
The fee for maintaining the validity of the property right to the distribution of a variety that 
is a variety of public property or a common variety is paid once, only for the first year of 
maintaining the validity of the property right to the distribution of the variety, following the year 
of state registration of the variety. 
2. Rights are terminated from the first day of the year for which the fee has not been paid. 
3. The fee for maintaining the validity of intellectual property rights for a plant variety can 
be paid within 12 months after the expiration of the established term. In this case, the fee is 
increased by 50 percent. After payment of the fee, the validity of the rights is restored from the 
next day after the information about this has been entered in the Register of Patents. 
The fee for maintaining the validity of the property right to spread the variety can be paid 
within 24 months after the expiration of the established term. In this case, the fee is increased by 
50 percent. After payment of the fee, the validity of the property right to spread the variety is 
restored from the next day after the information about it is entered in the Register of varieties. Unofficial translation  
4. If the established fee is not paid within the terms specified in this article, information on 
the termination of the intellectual property rights to the plant variety or the property right to 
propagate the variety is published in the official publication. 
5. Payment of the fee for maintaining the validity of the property right to spread the variety 
is mandatory for the maintainer of the variety. 
6. The amount and procedure for payment of fees shall be established by the Cabinet of 
Ministers of Ukraine"; 
17) clause "b" of Article 44 shall be deleted; 
18) Article 48 shall be amended as follows: 
" Article 48. Obligations of the patent owner, the owner of the property right to spread the 
variety and the supporter 
1. The owner of the patent and the owner of the property right to distribute the variety must 
use their rights in good faith. 
2. The owner of the patent during the entire period of validity of the patent, and in the 
absence of the owner of the patent - the owner of the property right to spread the variety or the 
supporter ensures the preservation of the variety or its original components. 
3. At the request of the Competent Authority or expert institution, the patent owner, and in 
the absence of the patent owner, the owner of the property right to distribute the variety or the 
supporter is obliged to provide information, documents, material, samples of the protected 
variety (including parent components of the variety - for availability), with the aim of: 
a) checking the preservation of the variety; 
b) determination and updating of the official variety sample; 
c) carrying out qualification examination of the variety; 
d) determination of compliance of the variety with the morphological features determined 
during its registration. 
4. The competent body may oblige the owner of the patent, the owner of the property right 
to distribute the variety or the maintainer of the variety to keep an official sample"; 
19) the title of Section V , Articles 50 and 50-1 shall be amended as follows: 
"Chapter V  
TERMINATION OF PROPERTY RIGHTS OF INTELLECTUAL PROPERTY 
ON PLANT VARIETIES, PROPERTY RIGHTS TO PROPAGATION OF THE 
VARIETY AND RECOGNITION OF THEM INVALID";  
" Article 50. Premature termination of intellectual property rights to plant varieties 
1. The validity of intellectual property rights to a plant variety and the patent certifying this 
right shall be prematurely terminated in the event of the patent owner's refusal of the patent in 
accordance with the procedure specified in Article 51 of this Law. 
2. The validity of the property rights of intellectual property on a plant variety is terminated 
prematurely in case of non-payment of the fee for maintaining its validity in accordance with 
the provisions of Article 42 of this Law. 
3. The validity of intellectual property rights to plant varieties may be prematurely 
terminated by the Competent Authority: Unofficial translation  
a) upon the statement of any person about the loss of uniformity or stability of the variety 
as a result of failure to ensure its preservation by the owner of the variety and confirmation of 
the fact of loss in the prescribed manner; 
b) in case of failure of the patent holder to provide the information, documents, materials, 
samples of the variety necessary to check the uniformity or stability of the variety in a timely 
manner at the request of the Competent Body; 
c) in case of failure to submit a proposal for a new variety name at the request of the 
Competent Body. 
4. The validity of property rights of intellectual property on a plant variety shall be 
terminated on the grounds specified in part three of this article, on the day following the entry 
of information thereof into the Register of Patents. 
5. In the case of elimination of the grounds specified in clauses "b" and "c" of part three of 
this article, from which the property rights of intellectual property on a plant variety have been 
terminated, such rights are restored in the manner determined by the Competent Authority. In 
the case of removal of the ground specified in point "a" of part three of this article, from which 
intellectual property rights to a plant variety were terminated, such rights are restored, subject to 
confirmation of the variety's distinctiveness, homogeneity, and stability, with one independent 
vegetation cycle of qualification examination according to at the request of the patent owner. 
The validity of the property rights of intellectual property on the plant variety and the patent 
certifying such rights shall be restored from the date of entry of information thereof into the 
Register of Patents. 
6. Premature termination of intellectual property rights to a plant variety in accordance with 
the provisions of part three of this article may be challenged in a court of law. 
Article 50-1 . Termination of the property right to spread the variety 
1. The validity of the property right to spread the variety and the certificate of state 
registration of the variety certifying it shall be terminated if the owner of the property right to 
spread the variety refuses to maintain the variety, information about which is entered in the 
Register of varieties. 
2. The validity of the property right to spread the variety is terminated in case of non-
payment of the fee for maintaining the validity of the right, information about which is entered 
in the Register of varieties in accordance with the provisions of Article 42 of this Law. 
3. The validity of the property right to spread the variety may be terminated by the 
Competent Authority: 
a) in the absence of primary seeding of the variety; 
b) in case of loss of homogeneity or stability of the variety as a result of failure to ensure its 
preservation by the patent holder or variety maintainer and confirmation of the fact of this loss 
as a result of verification of the preservation of the variety; 
c) in case of violation by the owner of the property right to the distribution of the variety of 
the conditions of circulation of the seeds of the variety in accordance with the legislation. 
4. The validity of the property right to the distribution of a variety is terminated for the 
reasons specified in this article, after the information about this has been entered in the Register 
of varieties. Unofficial translation  
5. After the termination of the validity of the property right to spread the variety on the basis 
of the second part of this article, the distribution of the seeds of the variety (except for import 
into the customs territory of Ukraine) is allowed until June 30 of the third year, which is counted 
from the date of termination, information about which is entered in the Register of varieties 
within two working days days from the date of adoption of the decision on termination of 
validity. 
6. In the case of elimination of the grounds indicated in clauses "a" and "c" of part three of 
this article, which resulted in the termination of the property right to spread the variety, such 
right shall be restored in the manner determined by the Competent Authority. In the case of 
removal of the grounds specified in point "b" of part three of this article, from which the property 
right to spread the variety has been terminated, such right is restored, subject to confirmation of 
the variety's distinctiveness, homogeneity and stability, with a one-year cycle of qualification 
examination at the request of the owner of the property right on the propagation of a variety or 
supporter. 
The validity of the property right to spread the variety and the certificate of state registration 
of the variety certifying it shall be restored from the day following the date of entry of 
information about it into the Register of Varieties"; 
20) Article 54 shall be amended as follows: 
" Article 54. Disputes to be resolved in court 
1. A person whose rights to a variety have been violated may apply to the court for the 
protection of his rights. 
2. Disputes on any issues related to relations regulated by this Law may be resolved in court. 
3. Courts, in accordance with their competence, consider disputes regarding: 
a) emergence of the right to the variety and its state registration; 
b) varieties created in connection with the performance of official duties or on behalf of the 
employer; 
c) authorship per variety; 
d) rewards to authors; 
e) conclusion and execution of license agreements; 
e) determination of the patent owner; 
f) recognition of the right to a variety as invalid; 
g) early termination of rights; 
g) violation of the right to a variety; 
h) recognizing the variety as suitable for distribution in Ukraine; 
i) name of the variety". 
3. In the Law of Ukraine "On Seeds and Planting Material" (Vedomosti Verkhovna Rada of 
Ukraine, 2013, No. 42, Article 585 with the following amendments): 
1) in Article 1 : 
in part one: 
the term "seed" should be read as follows: Unofficial translation  
"seeds - plant material used for sowing, including its own seeds (seeds), fruits, co-fruits, and 
not intended for direct human or animal consumption"; 
the term "State Register of Seed and Nursery Entities" shall be amended as follows: 
"State Register of Seed and Nursery Entities (hereinafter - Register of Seed and Nursery 
Entities) - list of seed and nursery entities"; 
the term "authorization" shall read as follows: 
"authorization - granting to enterprises, institutions, organizations or their subdivisions, 
accredited by the national accreditation body of Ukraine, the right to carry out conformity 
assessment activities in the field of seed and nursery production, as well as granting to seed and 
nursery subjects who are producers and have to its structure a laboratory accredited by the 
national accreditation body of Ukraine, the right to determine the sowing qualities of seeds"; 
to be supplemented with terms of the following content: 
"putting seeds and planting material into circulation - sale and any other transfer of 
ownership of seeds and planting material for commercial use; storage for the purpose of further 
sale; offer for sale or any commercial use; paid or free supply or transfer of seeds and planting 
material to third parties for commercial use"; 
"seed quality document - a certificate, certificate, act issued by the exporting country or the 
country of origin or the country of seed production, which contains at least information about 
the person who issued it, the botanical taxon, the name of the variety, the category, the batch 
number, the number of packaging units, mass of the lot, purity, similarity of seeds imported into 
the territory of Ukraine"; 
"a document on the quality of planting material - a certificate, certificate, act issued by the 
exporting country or the country of origin or the country of production of planting material, 
which contains at least information about the person who issued it, the botanical taxon, the name 
of the variety, category, the number of units of planting material, that is imported into the 
territory of Ukraine"; 
"the user's electronic account - a personalized web page or interface of an authorized user, 
with the help of which he has the opportunity to create, view, exchange information, documents 
and use other functionalities of the registers provided for by this Law"; 
"standard sample - planting material provided for site (soil) and/or laboratory varietal 
control by the patent holder, and in the absence of the patent holder - by the owner of the property 
right to spread the variety or by a supporter, or selected from the official sample"; 
"falsified seeds and/or planting material - seeds and/or planting material, in the labeling or 
packaging of which a trademark, other individualizing designation, external design of the 
packaging of another manufacturer and/or which are distributed with false information about 
varietal and/or seed qualities are illegally used seeds and/or planting material"; 
supplement with the third part of the following content: 
"The terms "parental components", "State Register of Patents for Plant Varieties", "State 
Register of Plant Varieties Suitable for Distribution in Ukraine", "planting material" are used in 
the meanings given in the Law of Ukraine "On Protection of Rights to Plant Varieties"; 
2) Articles 3 , 7 and 8 shall be amended as follows: 
" Article 3. Subjects of seed and nursery production Unofficial translation  
Subjects of seed and nursery production include: 
producers - persons who produce seeds and/or planting material for its sale in accordance 
with this Law; 
suppliers - persons who carry out one of the following types of professional activities in 
relation to planting material: reproduction, production, preservation and/or processing, 
introduction into circulation, import"; 
" Article 7. Powers of the central body of executive power, which ensures the formation 
and implementation of the state agrarian policy, in the field of seed production and nurseries 
The powers of the central body of executive power, which ensures the formation and 
implementation of the state agrarian policy, in the field of seed and nursery production include: 
ensuring the formation and implementation of state policy in the field of seed production 
and nurseries; 
implementation of state management and regulation in the field of seed production and 
nurseries; 
development and organization of implementation of state programs for the development of 
breeding, seed production and nurseries; 
adoption of normative legal acts in accordance with this Law; 
approval of documentation forms for seeds and planting material, technological and 
methodical requirements in the field of seed production and nurseries regarding the preservation 
of varietal qualities, biological and yield properties of the variety and sowing qualities of seeds; 
ensuring the formation of the state reserve seed fund and control over its effective use; 
ensuring the organization, training and attestation of persons to obtain a certification 
auditor's certificate (agronomist-inspector), issuing and canceling a certification auditor's 
certificate (agronomist-inspector), improving the qualifications of certification auditors 
(agronomist-inspectors); 
ensuring the determination of varietal and sowing qualities of seeds and varietal and 
commercial qualities of planting material; 
establishment of lists of botanical taxa by relevant groups, which are covered by this Law; 
establishment of labeling and packaging requirements for relevant groups of botanical taxa 
(cultures); 
authorization of enterprises, institutions, organizations or their subdivisions, accredited by 
the national accreditation body of Ukraine, to carry out conformity assessment activities in the 
field of seed and nursery production and seed and nursery subjects to determine the sowing 
qualities of seeds; 
promoting the development of the seed and planting material market; 
ensuring the maintenance of the Register of seed and nursery entities, the Register of 
certification auditors (agronomists-inspectors), the Register of conformity assessment bodies, 
the Register of certificates for seeds and/or planting material, as well as ensuring the openness 
and public accessibility of these registers; 
creation of a system of zonal forest and decorative seed production and nurseries; Unofficial translation  
participation in international cooperation on issues of seed and nursery production, as well 
as the implementation of international agreements of Ukraine in this field; 
ensuring the issuance and cancellation of relevant certificates in the field of seed production 
and nurseries; 
exercise of other powers specified by this Law. 
Article 8. Powers of the central body of executive power implementing state policy in the 
field of state supervision (control), in the field of seed production and nurseries 
The powers of the central executive body implementing state policy in the field of state 
supervision (control) in the field of seed and nursery production include: 
implementation of state control over compliance with legislative requirements in the field 
of seed production and nurseries; 
implementation of state control over the circulation of seeds and planting material on the 
territory of Ukraine; 
Issuance of confirmations for the import into Ukraine of samples of seeds and planting 
material of plant varieties not included in the Register of Plant Varieties of Ukraine, for selection, 
experimental work and exhibition, and for the export from Ukraine of samples of seeds and 
planting material of plant varieties not included in the Register of Plant Varieties of Ukraine; 
appeal to the national accreditation body of Ukraine with a written, reasoned request to 
consider the issue of temporary suspension or cancellation of the accreditation certificate of the 
conformity assessment body and holding the conformity assessment body accountable for 
violating the requirements of the law; 
an appeal to the central body of executive power, which ensures the formation and 
implementation of the state agrarian policy, with a written, motivated petition regarding the 
consideration of the issue of revoking the certificates of certification auditors (agronomists-
inspectors); 
participation in the development of normative legal acts in the field of seeds and planting 
material; 
exercise of other powers specified by this Law"; 
3) add a new part of the following content after the first part of Article 12-1 : 
"The central body of the executive power, which ensures the formation and implementation 
of the state agrarian policy, may designate a state enterprise, institution or organization 
belonging to the sphere of its management as the administrator of the registers provided for in 
this article." 
In this regard, parts two to five shall be considered parts three to six, respectively; 
4) in Article 12-2 : 
in part one: 
the second and fourth paragraphs shall be supplemented with the words "(supplied 
exclusively by the manufacturer)"; 
add the sixth paragraph with the following content: 
"data on the person who granted the right to use the variety (in the case of using the variety 
by deed)"; Unofficial translation  
exclude the sixth part; 
part nine should be amended as follows: 
"In the event of a change in information about a botanical taxon, the name of a variety, 
category (generation) and the amount (volume) of seeds, planting material included in the 
production program, or the number and date of issuance of the document on the basis of which 
the right to use the variety was acquired, the person who granted the right to use the variety, the 
subject of seed and nursery production is obliged to submit updated information to the central 
body of the executive power, which ensures the formation and implementation of the state 
agrarian policy"; 
after part ten, add a new part with the following content: 
"Decisions on entry, refusal to enter, exclusion of a seed and nursery entity from the Register 
of seed and nursery entities are displayed in the user's electronic cabinet." 
In this connection, the eleventh - thirteenth parts should be considered as the twelfth - 
fourteenth parts, respectively; 
to exclude the thirteenth part; 
5) the seventh paragraph of the fourth part of Article 12-3 shall be amended as follows: 
"the position of a certification auditor (agronomist-inspector), if the auditor conducts his 
activities as an employee of the conformity assessment body, which is part of the management 
of the central executive body, which ensures the formation and implementation of the state 
agrarian policy"; 
6) Article 15 shall be amended as follows: 
Article 15. Introduction of seeds and planting material into circulation 
Seeds and planting material are put into circulation by sale only after their certification. 
Certificates for seeds, certificates for planting material can be issued if: 
the seed and/or planting material belongs to the variety for which information is available 
in the Register of Plant Varieties of Ukraine; 
the seeds meet the requirements of the legislation in the field of seed production and 
nurseries in terms of varietal or sowing qualities; 
the planting material meets the requirements of the legislation in the field of seed production 
and nurseries in terms of varietal or commercial qualities. 
Certificates for seeds of crops used as parental components can be issued if: 
the seed belongs to a variety for which information is available as a parent component in the 
State Register of Patents for Plant Varieties or the Register of Plant Varieties of Ukraine; 
the seeds meet the requirements of the legislation in the field of seed production and 
nurseries in terms of varietal or sowing qualities. 
For certain groups of botanical taxa, the Cabinet of Ministers of Ukraine may establish 
specifics of certification and separate requirements for their introduction into circulation"; 
7) in Article 17 : 
the first part should be written as follows: Unofficial translation  
"Determining the varietal qualities of seeds and planting material is carried out by means of 
field evaluation. After issuing a certificate certifying the varietal qualities of seeds, the varietal 
qualities determined by means of field evaluation are confirmed by field (soil) and/or laboratory 
varietal control in the manner established by the central executive body , which ensures the 
formation and implementation of the state agrarian policy"; 
add the first paragraph of part seven with the words "unless otherwise provided by 
legislation"; 
add the words "except for the cases provided by law" to part ten; 
the eleventh part should be set out in the following version: 
"Determining the sowing qualities of seeds or the commercial qualities of planting material 
is carried out by the conformity assessment body, and in the cases specified by law - by the 
subject of seed and nursery production, through the analysis of samples taken from batches of 
seeds and/or planting material, carried out by certification auditors (agronomists -inspectors)"; 
8) in Article 18 : 
the first part shall be supplemented with the fourth paragraph of the following content: 
"seeds and planting material of a variety not entered in the State Register of Plant Varieties, 
suitable for distribution in Ukraine, in cases provided for by law"; 
parts three and six should be set out in the following wording: 
"The central body of the executive power, which ensures the formation and implementation 
of the state agrarian policy, establishes a list of paid services provided in accordance with this 
Law for the conformity assessment body, which is included in the scope of its management"; 
"Subjects of issuing certificates attesting varietal qualities of seeds and planting material 
and OECD certificates are the central body of the executive power, which ensures the formation 
and implementation of the state agricultural policy, or the conformity assessment body that is 
part of its management"; 
9) in Article 18-1 : 
in part three: 
Paragraphs four and seven should be amended as follows: 
"has a sufficient number of appropriately qualified personnel working on a permanent 
basis"; 
"has accredited laboratories in its structure"; 
paragraph nine to exclude; 
the eleventh paragraph should be read as follows: 
"does not have a conflict of interest with regard to the seeds and/or planting material, the 
conformity assessment of which will be carried out"; 
replace the ninth part with three new parts with the following content: 
"The central body of the executive power, which ensures the formation and implementation 
of the state agrarian policy, carries out constant monitoring of the activity of the conformity 
assessment body with regard to compliance with the requirements of this Law and the 
performance of the functions it is authorized to perform in the field of seed and nursery 
production, in accordance with the procedure established by the Cabinet of Ministers of Ukraine. Unofficial translation  
If a violation of the legislation in the field of seed and nursery production is detected as a 
result of continuous monitoring, the conformity assessment body takes measures to eliminate it 
within a ten-day period, which is reported to the central executive body, which ensures the 
formation and implementation of the state agrarian policy. 
If the conformity assessment body does not take measures to eliminate such a violation 
within the prescribed period, the central executive body, which ensures the formation and 
implementation of the state agrarian policy, cancels the decision on the authorization of the 
conformity assessment body." 
In this connection, the tenth part should be considered as the twelfth part; 
10) in Article 18-2 : 
the seventh and twelfth parts shall be amended as follows: 
"The certificate of a certification auditor (agronomist-inspector) is indefinite and is issued 
free of charge. Certification auditors (agronomists-inspectors) are obliged to pass a re-
qualification exam at least once every four years. Failure to fulfill the requirement to pass a re-
qualification exam in the period established by this Law the term is the basis for temporarily 
suspending the validity of the certification auditor's (agronomist-inspector's) certificate until the 
re-qualification exam is passed"; 
"A certification auditor (agronomist-inspector) can conduct his activities in cases defined 
by law as: 
independent expert; 
an official of the central body of the executive power, which ensures the formation and 
implementation of the state agrarian policy; 
an employee of the conformity assessment body, which is part of the management of the 
central executive body, which ensures the formation and implementation of the state agrarian 
policy; 
an official of the subject of seed and nursery production"; 
after the thirteenth part, add two new parts of the following content: 
"A certification auditor (agronomist-inspector), who conducts his activities as an official of 
a seed and nursery entity, has the right to exclusively carry out sampling and/or participate in 
the marking of batches of seeds and planting material grown on land plots belonging to on the 
right of ownership or the right of use to such an entity of seed production or nursery, and/or 
seeds brought to the state of conditioned seeds at the production facilities owned by such an 
entity of seed production or nursery on the right of ownership or right of use. 
Selective evaluation of works on sampling of seeds or planting material specified in part 
fourteen of this article is carried out by a certification auditor (agronomist-inspector), who is an 
employee of the conformity assessment body, which is part of the management of the central 
executive body, which ensures the formation and implements the state agrarian policy in 
accordance with the procedure established by such a central body of executive power". 
In this connection, the fourteenth and fifteenth parts shall be considered the sixteenth and 
seventeenth parts, respectively; 
part sixteen should be read as follows: Unofficial translation  
"The work on determining the varietal qualities of seeds and planting material (field 
assessment) of categories of pre-basic and basic seeds and categories of initial and basic planting 
material is carried out exclusively by a certification auditor (agronomist-inspector), who is an 
employee of the conformity assessment body, which is part of the management sphere of the 
central body of executive power, which ensures the formation and implementation of state 
agrarian policy. Work on determining the varietal qualities of other categories of seeds and 
planting material can be carried out by any certification auditor (agronomist-inspector), subject 
to the selective evaluation of such work by a certification auditor (agronomist -inspector), who 
is an official of the central body of executive power that ensures the formation and 
implementation of state agrarian policy, or an employee of the conformity assessment body that 
is part of the management of the central body of executive power that ensures the formation and 
implementation of state agrarian policy, in order , established by such a central body of executive 
power"; 
after part sixteen, add a new part with the following content: 
"The act of field evaluation, issued by a certification auditor (agronomist-inspector), who 
conducts his activities as an independent expert, is the basis for issuing a certificate certifying 
the varietal qualities of seeds and/or planting material by the central executive authority, which 
ensures the formation and implementation state agrarian policy, or a conformity assessment body 
that is part of its management". 
In this connection, part seventeen should be considered part eighteen; 
11) to supplement Article 18-3 with the following content: 
" Article 18-3 . Determination of sowing qualities of seeds by entities of seed production 
and nurseries that are producers 
Subjects of seed production and nurseries, which are producers, have the right to determine 
the sowing qualities of seeds, subject to obtaining authorization in accordance with the procedure 
established by the central body of executive power, which ensures the formation and 
implementation of the state agrarian policy. 
In the event of such authorization, the seed and nursery entity may determine the sowing 
qualities of seeds of varieties, the right to use of which belongs to such seed and nursery entity, 
and produced under the direct control of such seed and nursery entity. 
Seeds are considered to have been produced under the direct control of a seed and nursery 
entity if a certificate certifying the varietal qualities of such seeds has been issued to such a seed 
and nursery entity, and provided that at least one of the following conditions is met: 
the seeds were grown on land plots owned by the right of ownership or the right of use to 
such a seed and nursery entity; 
the seeds are brought to the state of conditioned seeds at the production facilities belonging 
to such a seed and nursery entity under the right of ownership or the right of use. 
A subject of seed production and nursery production, which is a producer, may be authorized 
by a decision of the central executive body, which ensures the formation and implementation of 
the state agrarian policy, if it: 
is a legal entity - a resident of Ukraine; 
can confirm the appropriate level of competence; Unofficial translation  
has an adequate number of qualified personnel working on a permanent basis, sufficient to 
determine the sowing qualities of the seeds; 
has a certification auditor (agronomist-inspector) on his staff, who has the right to take 
samples and participate in the marking of seed lots; 
has adequate information and technical support, financial and material resources that make 
it possible to determine the sowing qualities of seeds; 
has in its structure a laboratory accredited by the national accreditation body of Ukraine for 
compliance with the requirements of DSTU ISO/IEC 17025:2017 or other standards by which 
they have been replaced; 
has a quality management system; 
has the appropriate material and technical base and other infrastructure facilities. 
The procedure for confirming the appropriate level of competence, requirements for the 
number of qualified personnel working on a permanent basis, requirements for financial and 
material resources, the list of documents necessary for obtaining authorization, and the 
procedure for their submission are approved by the central body of executive power, which 
ensures the formation and implementation of the state agrarian politics 
The exclusive grounds for refusal of authorization are: 
non-compliance of the subject of seed and nursery production with the requirements 
established by this article; 
detection of inaccurate information in submitted documents. 
The subject of seed production, in respect of which the central executive body, which 
ensures the formation and implementation of the state agrarian policy, has made a decision to 
refuse authorization, has the right to re-submit an application for authorization after eliminating 
all identified deficiencies. 
Batches of seeds, in respect of which the subject of seed and nursery production has 
determined seed qualities, are subject to selective evaluation by the conformity assessment body, 
which is part of the management of the central body of the executive power, which ensures the 
formation and implementation of the state agrarian policy, in the manner approved by such 
central body executive. 
Selective evaluation is carried out in the amount determined by the authorization decision, 
which should be: 
not less than 50 percent of the total volume of seed lots, for which the subject of seed and 
nursery production has determined the seed qualities, - in the first year of the validity of the 
authorization; 
not less than 10 percent of the total volume of seed lots, for which seed quality determination 
was carried out by the subject of seed production and nursery, - in the second and subsequent 
years of the validity of the authorization. 
The decision to cancel the authorization is made in the event of: 
submission by the subject of seed and nursery production of an application for cancellation 
of the authorization to determine the sowing qualities of seeds; 
detection of inaccurate information in submitted documents; Unofficial translation  
cancellation of the certificate of accreditation of the laboratory, which is located in the 
structure of the subject of seed production and nursery, by making the appropriate decision; 
detection of violations of legislation in the field of seed production and nurseries; 
detection of the fact of determination of sowing qualities of seeds not produced under the 
direct control of the subject of seed and nursery production; 
finding that the discrepancy between the indicators determined by the subject of seed and 
nursery production and the indicators determined during the sample evaluation exceeds the 
permissible deviations established by the requirements of the legislation in the field of seed and 
nursery production, in three or more batches of seeds, in respect of which the subject of seed 
production and nurseries, seed qualities were determined within one calendar year. 
The decision to cancel the authorization is made by the central executive body, which 
ensures the formation and implementation of the state agrarian policy, which informs the subject 
of seed and nursery production about it within ten days. Reauthorization of the subject of seed 
and nursery production can be carried out at least 12 months after the cancellation of the 
authorization based on the discovery of facts of violation of legislation in the field of seed and 
nursery production. 
In the case of determining the sowing qualities of seeds by seed and nursery entities in 
accordance with this article, the issuing of certificates certifying the sowing qualities of seeds is 
carried out by the body for assessing conformity, which is part of the management of the central 
body of the executive power, which ensures the formation and implementation of the state 
agrarian policy. on the basis of protocols of laboratory studies to determine the sowing qualities 
of such seeds"; 
12) Articles 20 and 22 shall be amended as follows: 
Article 20. Import and export of seeds and planting material 
Importation of seeds and planting material into the territory of Ukraine is carried out under 
the condition that it belongs to a variety for which information is available in the Register of 
Plant Varieties of Ukraine, as well as in other cases specified by this article. 
Seeds of varieties that are parent components are imported into the territory of Ukraine if 
such seeds belong to the variety: 
for which information is available as a parent component in the State Register of Patents for 
Plant Varieties or the Register of Plant Varieties of Ukraine; 
vegetable crops, for which there is no information about the parent component in the State 
Register of Patents for Plant Varieties or the Register of Plant Varieties of Ukraine, but there is 
information, confirmed by the central body of the executive power, which ensures the formation 
and implementation of the state agrarian policy, that such a parent component is a constituent 
part a hybrid of a variety for which information is available in the Register of Plant Varieties of 
Ukraine, provided that the seeds are imported by the subject of seed and nursery production. 
Importing into the territory of Ukraine seeds of a variety of vegetable crops, for which there 
is no information in the Register of Plant Varieties of Ukraine, is allowed, if there is approval 
for it provided for in Article 38 of the Law of Ukraine "On the Protection of Rights to Plant 
Varieties". In the absence of such approval, it is prohibited to import into the territory of Ukraine 
seeds of a variety of vegetable crops for which there is no information in the Register of Plant 
Varieties of Ukraine. Unofficial translation  
The importation into the territory of Ukraine of seeds and planting material of a variety not 
entered into the Register of Plant Varieties of Ukraine, but entered into the List of Plant Varieties 
of the OECD, those agricultural plants to which Ukraine has joined variety certification schemes, 
may be carried out for the purposes of propagation and further export outside of Ukraine in 
according to the procedure established by the Cabinet of Ministers of Ukraine, as well as in other 
cases determined by legislation. 
The import of seeds and planting material is carried out in the presence of a phytosanitary 
certificate and: 
for planting material - copies of the document on the quality of planting material; 
for seeds - copies of the seed quality document or copies of the OECD certificate and the 
ISTA certificate. 
Seeds imported into the territory of Ukraine on the basis of copies of the OECD certificate 
and the ISTA certificate do not require additional verification of the indicators specified in such 
certificates. 
Seeds and planting material imported for sale on the territory of Ukraine must meet the 
requirements established by legislation in the field of seed and nursery production. 
The importation into the territory of Ukraine of samples of seeds and planting material of 
plant varieties not entered in the Register of Plant Varieties of Ukraine may be carried out for 
selection, experimental work and display by business entities on the basis of a confirmation 
issued by the central body of executive power implementing state policy in the field of public 
supervision (control), in the field of seed production and nurseries. 
The export of samples of seeds and planting material of plant varieties not entered in the 
Register of Plant Varieties of Ukraine outside of Ukraine may be carried out on the basis of a 
confirmation issued by the central executive body implementing state policy in the field of state 
supervision (control), in the field of seed production and nurseries. 
The procedure for issuing confirmation or refusal to issue it, reissuance, cancellation of 
confirmation and control over the use of samples of seeds and planting material of plant varieties 
is established by the Cabinet of Ministers of Ukraine. Issuance of confirmations, their reissuance 
and cancellation are carried out free of charge. 
To receive confirmation, the business entity submits a paper or electronic application to the 
central executive body that implements state policy in the field of state supervision (control), in 
the field of seed and nursery production, in a form approved by the Cabinet of Ministers of 
Ukraine. 
Responsibility for the authenticity of the information specified in the application is borne 
by the business entity - the applicant. 
The central body of executive power, which implements state policy in the field of state 
supervision (control), in the field of seed and nursery production, has the right to check the 
information specified in the application. In order to verify the information specified in the 
application, the central executive body implementing state policy in the field of state supervision 
(control), in the field of seed production and nursery production, has the right to request relevant 
information from state authorities and local self-government bodies, and also has access to data 
of state registers. 
The central executive body implementing state policy in the field of state supervision 
(control), in the field of seed and nursery production, is obliged to make a decision on issuing a Unofficial translation  
confirmation or on a justified refusal to issue it no later than five working days from the day of 
receiving the application. 
The central body of executive power implementing state policy in the field of state 
supervision (control), in the field of seed and nursery production, submits issued confirmations 
or decisions on justified refusal to issue confirmations to the single state information web portal 
"One Window for International Trade" in the form of electronic documents certified by an 
electronic digital signature, on the day of their issuance or acceptance, as well as no later than 
the next working day after making a decision to issue a confirmation or a justified refusal to 
issue it, sends (hands over) such a confirmation or a decision on a justified refusal to issue a sub 
to the business entity in any way that ensures the availability of evidence of such referral 
(handover). 
The following are the exclusive grounds for a justified refusal to issue a confirmation: 
exceeding the permitted quantitative limits on the volume of seed samples and planting 
material imported into the territory of Ukraine for selection, experimental work and exhibition; 
establishment of the fact of submission of inaccurate information in the application. 
In the event that after five working days from the date of expiry of the period established by 
the central executive body implementing the state policy in the field of state supervision 
(control), in the field of seed and nursery production, to the single state information web portal 
"One Window for International Trade " confirmation or a decision on a justified refusal to issue 
it has not been submitted, the business entity has the right to import into the customs territory of 
Ukraine or export from the customs territory of Ukraine samples of seeds and planting material 
without such confirmation, provided: 
submission of a copy of the application (with a description of the accepted documents) to 
the relevant state phytosanitary inspector with a note on the date of its acceptance by the central 
executive body that implements state policy in the field of state supervision (control), in the field 
of seed and nursery production; 
carrying out and observing all other phytosanitary control procedures required by law. 
The confirmation is valid from the day of its issuance until the day of the actual import into 
the territory of Ukraine or export from the territory of Ukraine of the agreed volume of seeds or 
planting material, but no more than one year. 
Samples of seeds and planting material that: 
are imported into the territory of Ukraine for selection, experimental work and exhibition; 
exported from the territory of Ukraine. 
The volume of samples of seeds and planting material of one variety imported for selection, 
experimental work and exhibition during one calendar year should not exceed thirty times the 
volume of planting material of the variety provided for conducting one year of field research on 
the qualification examination of plant varieties for suitability for distribution in Ukraine. 
For varieties of plants (genera and species), the decision on the suitability of which for 
distribution in Ukraine is made based on the applicant's data, the amount of seed samples and 
planting material imported for selection, experimental work and exhibition during one calendar 
year should not exceed thirty times the amount of planting material , submitted together with the 
plant variety application. Unofficial translation  
A business entity that has received confirmation, by February 1 of the year following the 
year in which samples of seeds and planting material for selection, experimental work and 
exhibition were imported into the territory of Ukraine, is obliged to notify the central executive 
body in paper or electronic form authorities implementing state policy in the field of state 
supervision (control), in the field of seed production and nurseries, about the actual volume of 
imported seed samples and planting material and their further use (place of cultivation, volume 
of the harvested crop and its use). The harvest obtained from such samples of seeds and planting 
material is prohibited to be used for sowing or planting, except for the cases of its use for 
selection and experimental works. 
Control over the use of samples of seeds and planting material imported into the territory of 
Ukraine for selection, experimental work and exhibition, as well as over the harvest obtained 
from such samples, is carried out by the central body of executive power, which implements 
state policy in the field of state supervision (control), in the field of seed and nursery production. 
Verification of the documents and information provided for in this article and their 
compliance with the information specified in the documents accompanying the cargo with seeds 
and planting material is carried out by the state phytosanitary inspector during the phytosanitary 
control of seeds and planting material, including with the help of a unified state information web 
- portal "One window for international trade", in accordance with the procedure approved by the 
Cabinet of Ministers of Ukraine. 
During the phytosanitary control of seeds and planting material, the state phytosanitary 
inspector has the right to check the conformity of the information indicated on the labels with 
the information indicated in the documents accompanying the shipment of seeds and planting 
material. 
Information regarding the availability of the documents provided for in this article can be 
provided by the business entity to the state phytosanitary inspector in paper form or using the 
single state information web portal "One Window for International Trade". 
In the absence of the documents and information provided for in this article, or in the event 
of a discrepancy between the information indicated on the labels and the information indicated 
in the documents accompanying the cargo with seeds and planting material, such cargo is subject 
to detention by the state phytosanitary inspector until the necessary documents and information 
are provided. 
If it is impossible to provide the documents and information provided for in this article, the 
state phytosanitary inspector makes a decision to return seeds and planting material outside the 
territory of Ukraine. 
Based on the results of the inspection of the documents and information provided for in this 
article, the state phytosanitary inspector draws up an act in the form approved by the Cabinet of 
Ministers of Ukraine and makes a decision in accordance with the law with the entry of relevant 
information about the decision made to the single state information web portal "One-stop shop 
for international trade "; 
Article 22. Guarantees for seeds and planting material 
The subject of seed production guarantees conformity of varietal and sowing qualities of 
seeds, and the subject of nursery - varietal and commercial qualities of planting material with 
the requirements of legislation in the field of seed production and nursery production, which is 
confirmed by relevant certificates. The terms of the guarantee for seeds and planting material 
are valid for the period specified in the certificate. In case of violation of the conditions of Unofficial translation  
guarantees by the subject of seed production and nursery, such subject bears responsibility 
according to the law"; 
13) Article 28 shall be supplemented with part five of the following content: 
"Intentional production and/or harvesting, and/or packaging, and/or labeling, and/or 
packaging, and/or offering for sale, and/or storage of falsified seeds and/or planting material for 
the purpose of sale - 
entail the imposition of a fine on citizens from one thousand to five thousand non-taxable 
minimum incomes of citizens, on officials - from five thousand to ten thousand non-taxable 
minimum incomes of citizens, with confiscation of falsified products, equipment for the 
production of falsified seeds and/or planting material". 
II. Final and transitional provisions 
1. This Law shall enter into force six months from the date of its publication, except for 
clauses 2 and 3 of this section, which shall enter into force from the date of publication of this 
Law. 
2 . Establish that: 
1) consideration of applications for varieties, the formal examination of which has not been 
completed before the entry into force of this Law, is carried out in accordance with the procedure 
established by the legislation on the protection of rights to plant varieties, which was in effect 
on the date of submission of the application for such variety; 
2) qualification examination of applications for varieties, not completed before the entry 
into force of this Law, shall be conducted in accordance with the procedure established by this 
Law; 
3) compliance of the variety with the conditions of its state registration is determined in 
accordance with the legislation in force on the date of submission of the application for such 
variety; 
4) approval of the name of a variety, which is the object of an application for a variety, the 
examination of which has not been completed before the entry into force of this Law, is carried 
out in accordance with the procedure established by this Law; 
5) compliance of the name of the variety with the established requirements is determined in 
accordance with the legislation in force on the date of submission of the application for such 
variety; 
6) the property right of intellectual property for the distribution of a plant variety, acquired 
before the entry into force of this Law, shall be considered the property right for the distribution 
of the variety from the date of entry into force of this Law. Certificates of state registration of 
varieties, patents for plant varieties and certificates of authorship for plant varieties issued before 
the entry into force of this Law are valid after the entry into force of this Law, taking into account 
the peculiarities regarding the maintenance of the validity of property rights of intellectual 
property on the plant variety and maintenance of the validity of property rights on the distribution 
of the variety defined by this Law; 
7) enterprises, institutions, organizations, which before the entry into force of this Law 
performed the functions of an expert institution, are obliged, within three months from the date 
of entry into force of this Law, to submit to the Competent Authority a list of the addresses of 
their facilities, branches and separate divisions, according to which they exercise their powers; Unofficial translation  
8) a state enterprise, institution, organization that is part of the management of the central 
body of executive power, which ensures the formation and implementation of the state 
agricultural policy, which has been authorized to carry out compliance assessment activities in 
the field of seed production and nursery stock before the entry into force of this Law, continues 
its activity as a conformity assessment body in accordance with the Law of Ukraine "On Seeds 
and Planting Material"; 
9) during the period of martial law in Ukraine and within 90 days after its termination or 
cancellation, the provisions of the laws of Ukraine "On Protection of Rights to Plant Varieties" 
and "On Seeds and Planting Material" shall apply taking into account the following features: 
the importation into the customs territory of Ukraine of planting material of varieties of 
public property and common varieties not entered in the Register of Plant Varieties of Ukraine 
for planting and/or growing perennial plantations (fruit, berry, nut, grape, hop) is carried out on 
the basis of a notification about the ownership of the variety, which imported, to varieties of the 
public domain or common varieties, issued by the Competent Authority in accordance with the 
submitted application for the variety, phytosanitary certificate and document on the quality of 
planting material; 
business entities that have imported the planting material specified in the second paragraph 
of this clause into the territory of Ukraine are obliged to keep records and submit information 
about its use at the request of the central executive body that implements state policy in the field 
of state supervision (control ), in the field of seed production and nurseries, and no later than 90 
days after the termination or abolition of martial law in Ukraine, complete all actions related to 
the acquisition of property rights for the distribution of imported varieties in accordance with 
the procedure established by law; 
business entities that establish multi-year plantings of plants for which varieties have not 
completed all actions related to the acquisition of the property right to spread the variety in 
accordance with the procedure established by law, cannot participate in programs of state 
support for producers of fruits, berries, grapes and hops 
3 . Cabinet of Ministers of Ukraine: 
1) within six months from the date of publication of this Law: 
to bring its normative legal acts into compliance with this Law; 
to ensure the adoption of normative legal acts resulting from this Law; 
to ensure that the ministries and other central bodies of executive power bring their 
regulatory acts into compliance with this Law; 
ensure the development and implementation of a database of plant varieties; 
2) in the year following the entry into force of this Law, to inform the Verkhovna Rada of 
Ukraine about the state of implementation of this Law.   
President of Ukraine V. ZELENSKY, Kyiv, November 16, 2022 No. 2763-IX