In accordance with paragraph 2 (ii) of Article 3 of the International Convention for the Protection of New Varieties of Plants (UPOV), legal protection provided to all plant genus and species no later than 10 years since the signing of the UPOV Convention by the UPOV member-state. The Kyrgyz Republic acceded to the 1991 Act of the Convention UPOV and became a full member of the International Union for the Protection of New Varieties of Plants in 2000.
Government of the Kyrgyz Republic in its Order of June 24, 2011 № 343 amended the resolution “On Approving the List of Botanical and Zoological Genus and Species of Plants and Animals” from August 28, 1998 № 572, where the second sub-paragraph of paragraph 1 has been declared invalid;
The Ministry of Foreign Affairs of the Kyrgyz Republic was requested to notify the International Union for the Protection of New Varieties of Plants (UPOV) to provide legal protection to all plant genus and species in the Kyrgyz Republic.
By this Decree of the Government, the Kyrgyz Republic performs its obligations concerning international agreements and improves climate for regulations of seed and agriculture products market, their trans-border movement and enforcement of breeders’ rights and creates the conditions for legitimate trade seeds and products.
This document was initiated by the State intellectual property Service of the Kyrgyz Republic in accordance with the Law of the Kyrgyz Republic “On the accession to the International Convention for the Protection of New Varieties of Plants” of January 14, 2000 № 10 and Law of the Kyrgyz Republic “On Legal Protection Selection Achievements” of June 13, 1998 № 79.
The purpose of UPOV Convention is to promote and encourage the development of an effective system of plant variety protection in order to develop new varieties for the benefit of society. The system of plant variety protection it the interest of any country, that believes that the incentive system, based on the exclusive rights of the persons or entities engaged in plant breeding, increases the number or increase the efficiency of varieties that are grown locally. In particular will promote the wide and free access to national farmers to high-quality seeds of new varieties, and breeders access in accordance with UPOV Convention to foreign varieties for use in their research the results of global plant breeding, as well as safeguarding the interests of both foreign and domestic breeders.
This decision of the Government of the Kyrgyz Republic will attract to our market new heavy-productive variety with high working quality and resistant to disease, commercial products of those crops that are not traditionally grown here or cannot be grown due to the climatic conditions of our country.
For instance, a huge number of species and varieties of citrus and other crops are imported to our market that do not grow in our country, possibly, some of them are imported in violation of the breeders’ rights of these varieties. With the provision of protection for all plant genus and species, breeders have the opportunity to apply to the State intellectual property Service of the Kyrgyz Republic and obtain legal protection to such varieties in the Republic in accordance with the Law of the Kyrgyz Republic and legally work in our market.