Decree No. 105 / 1983 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition on certificates for new methods of animal prevention, diagnosis and treatment and new methods of plant protection against pests and diseases and on the remuneration of their authors
Valid
Effective from 20.10.1983
105
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 13 September 1983
on certificates for new methods of prevention, diagnosis and treatment of animals and for new methods of plant protection against pests and diseases and the remuneration of their authors
The Federal Ministry of Agriculture and Nutrition provides, in agreement with the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the Office for Inventions and Discoveries pursuant to Section 155 (2) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs:
SUBJECT MATTER OF ADJUSTMENT AND DETERMINATION OF NAMES
(1) A new method of preventing, diagnosing and treating animals is a concrete solution to a preventive, investigative or therapeutic procedure that is more effective from the point of view of social benefit than the previous one, in the area of:
(a) the protection of animals from diseases and accidents and from the transmission of infectious diseases from animals to humans or humans to animals;
(b) diagnostics of diseases, accidents, physiological conditions and their changes affecting the health and performance of animals, the health and biological value of foodstuffs and raw materials of animal origin;
(c) the treatment of animal diseases and accidents and the treatment of their consequences
("the new method ').
(2) A new method of plant protection against pests and diseases is a concrete solution to a preventive, investigative or protective procedure that is more effective from the point of view of social benefit than the previous ones, namely in the area of:
(a) plant protection against pests and diseases during vegetation;
(b) identification of pests and plant diseases and diagnosis of plant pathology defects;
(c) forecasts and indications of plant pests and diseases;
(d) regulation or interruption of growth, development and other physiological processes in plants during vegetation
("the new method ').
(3) The subject matter of the application for the new method is new, if it was not known in the Czechoslovak Socialist Republic or abroad from publicly available sources, in particular if it was not described or displayed in published printed matter or if it was not publicly used, or if it was not presented or presented, in such a way that experts could use it on this basis.
(4) The new method is not:
(a) a mere subject;
(b) a description of the new method without scientifically proven and justified effect;
(c) an indication of the shortcomings of the method of prevention, diagnosis and treatment of animals or of plant protection against pests and diseases used so far;
(d) a new compound, a new preparation, a new strain of the micro-organism, a new device or a tool to implement a known or new method;
(e) an adjustment to methods not yet applied which do not satisfy the conditions set out in paragraphs 1 and 2.
(5) A new method within the meaning of this Decree is not the clinical laboratory investigation methods carried out outside the body of a live animal. 1)
(1) The author of the new method is the one who solved it with his own creative work.
(2) A new method gives the author the right to copyright and the right to certification. The right to copyright is not transferable.
(3) The co-authors are those who have participated in joint creative work to solve the new method. The co-authors of the new method shall participate equally in rights and obligations, unless they agree otherwise or if the court decides otherwise.
PROCEDURE FOR NEW METHODS
Application for a new method
(1) The application of the new method is submitted by the author or his heir to the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or to the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic (hereinafter the Ministry) in writing in duplicate.
(2) The application shall contain only one new method and shall show that the author (heir) applies for the certificate.
(3) If several co-authors submit the application and do not have a joint representative, they shall indicate in the application the name and address of the co-author to whom the reports and decisions of the Ministry are to be sent; If they do not do so, the reports and decisions shall be sent to the co-author, which shall be first mentioned in the application.
If the new method has been resolved by the author or by one of the co-authors in carrying out the tasks relating to the organisation or in direct connection with their performance or with the material support of the organisation, the author shall state in the application the new method. If the author is aware that the new method affects a particular planned task, he shall also indicate this in the application.
(1) The application for a new method shall contain the following information:
(a) the name, surname, place of permanent residence and citizenship of the author (co-author), the name and registered office of the organisation in which he is employed, and his place of employment in that organisation;
(b) the name of the new method;
(c) a self-signed declaration by the applicant that he is the author (co-author) of the new method or its heir;
(d) a requirement to issue a certificate for a new method signed by the author or co-author or, where appropriate, the heir;
(e) in the cases referred to in Section 4, the first sentence of the author's declaration that he has notified the organisation in employment of the application;
(f) the name, surname, place of permanent residence and nationality of the heir, as well as proof of the acquisition of the inheritance, if the heir submits the application;
(g) the name, surname, place of permanent residence and, where applicable, the name and address of the representative and the authority of attorney, if the author (co-author) or heir is represented.
(2) An annex containing:
(a) a description of the new method and a scientific analysis with detailed documentation on its novelty, data on improving or reducing the existing method of prevention, diagnosis or treatment of animals or plant protection against pests and diseases;
(b) clarification of the advantages and disadvantages of the new method;
(c) the definition of a new method (subject matter of the certificate);
(d) the results of verification of the new method (methods of verification, location, workplace and anticipated social benefits).
Negotiating the application of the new method
(1) On the application of the new method, the Ministry shall indicate the delivery time (date and hour) and enter it in the list of applications for new methods.
(2) The Ministry shall issue a confirmation to the author without delay of the filing of the new method.
(1) Since the application for the new method has been issued to the Ministry, the author is entitled to priority.
(2) If it is not clear from the description what the subject matter of the application lies, the author shall have the right of priority since a sufficient description has been delivered to the Ministry.
(3) If the author changes the subject of the application during the hearing, he shall be entitled to priority only from the time when the submission containing the amendment is made to the Ministry.
(1) If the application for a new method does not comply with the prescribed requirements, the Ministry shall invite the author to remove the affected defects within the prescribed time limit and to inform him of the importance of not removing the deficiencies in the proceeding.
(2) If the author does not remove the written defects within the prescribed time limit, the Ministry will interrupt the proceedings.
(1) The Ministry shall submit an application for a new method of examination as to whether its subject matter meets the conditions laid down for certification.
(2) At the invitation of the Ministry the author is obliged to participate for the period strictly necessary for experimental verification of the new method. If the author does not comply with this invitation for no serious reason, the Ministry will reject the application.
Certification
(1) If the subject matter of the application for a new method fulfils the conditions laid down in Paragraph 1 and if the subject matter of the application is not the same as that of another application with a prior right of priority, the Ministry shall decide to grant the certificate for a new method within 1 year of the filing of the application.
(2) The certificate shall contain the following particulars:
(a) the name, surname and place of residence of the author;
(b) the number of the certificate and the date of issue of the certificate;
(c) the name of the new method;
(d) the date from which the author has the right of priority,
(e) a description of the new method.
(3) The decision granting the certificate shall recognise the subject matter of the application as a new method, the copyright and the right of priority and the right of the State to introduce new methods. The rights of the decision granting the certificate shall apply from the date of filing of the application. The validity of the certification decision is not limited in time.
(4) The Ministry shall record the details of the decision granting the certificate on the list of new methods and notify the certification including the definition of the new method in its Journal.
(5) If the subject-matter of the application does not fulfil the conditions for granting the certificate referred to in paragraph 1, the Ministry shall reject the application within the time limit indicated therein.
The Ministry shall keep a register of certificates granted.
(1) The Ministry shall repeal the decision granting the certificate on a new method if it is subsequently found that the conditions laid down for granting it have not been fulfilled.
(2) If the decision to grant the certificate is annulled to a new method, the remuneration paid shall not be refunded if it has been obtained in good faith.
IMPLEMENTATION AND REDUCTION OF NEW METHODS
(1) The right to remuneration arises from the author by introducing a new method for which certification has been granted.
(2) The new method is introduced in accordance with paragraph 1 on the date on which the Ministry decided to use it in practice.
Remuneration
(1) The Ministry which has granted the certificate will determine the remuneration for the new method in accordance with the tariff annexed to this decree on the basis of an assessment of the expected social benefits by economic analysis.
(2) For the level of remuneration for the new method, the expected social benefits in the most favourable year of the first five years after the introduction of the new method in the national economy are decisive.
(3) The expected social benefit is economic, technical or other benefit, which will be shown in particular by saving social work, reducing own costs and increasing labour productivity, reducing mortality and animal morbidity or reducing plant pests. In determining the expected social benefits, account shall be taken of the expected costs associated with the introduction of the new method.
(4) The remuneration shall be one-off and payable within one year after the introduction of the new method.
(5) If it is found, at least five years after the introduction of the new method, that its introduction has achieved a particularly significant social benefit, the Minister of Agriculture and Nutrition of the Czech Socialist Republic or the Minister of Agriculture and Nutrition of the Slovak Socialist Republic may grant the author an additional reward, the remuneration referred to in paragraph 1 and the additional remuneration may not exceed CZK 70 000.
COMMON AND FINAL PROVISIONS
The provisions of Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations) apply to the certification procedure for new methods, unless otherwise provided by this Decree.
The ministries shall immediately inform each other of the applications submitted for new methods, the conduct of their deliberations, the refusal of applications, the decisions to grant certificates issued, the use of new methods and the determination of the remuneration of authors.
Author's rights arising from filing a new method application
a) in the Czech Socialist Republic also applies to the territory of the Slovak Socialist Republic;
b) in the Slovak Socialist Republic also applies in the territory of the Czech Socialist Republic.
Organisations shall be required to ensure that new methods addressed by their workers in the performance of their tasks are entered in due time under this Decree.
This decree shall take effect on the day of its publication.
Minister:
Toman CSc. v. r.
Annex to Decree No. 105 / 1983 Coll.
Reward planner
| Výše předpokládaného společenského prospěchu | Odměna v Kčs |
|---|---|
| do 10 000 Kčs | 1 000 – 1 230 Kčs |
| od 10 000 – 20 000 Kčs | 1 230 – 1 840 Kčs |
| od 20 000 – 50 000 Kčs | 1 840 – 3 250 Kčs |
| od 50 000 – 100 000 Kčs | 3 250 – 5 100 Kčs |
| od 100 000 – 200 000 Kčs | 5 100 – 8 100 Kčs |
| od 200 000 – 500 000 Kčs | 8 100 – 15 300 Kčs |
| od 500 000 – 1 000 000 Kčs | 15 300 – 24 300 Kčs |
| od 1 000 000 – 2 000 000 Kčs | 24 300 – 36 300 Kčs |
| nad 2 000 000 | 36 300 – 50 000 Kčs |
1) New clinical laboratory investigation methods that solve the technical problem may be protected as inventions under Section 24 of Act No. 84 / 1972 Coll.
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Regulation Information
| Citation | Federal Ministry of Agriculture and Nutrition Decree No. 105 / 1983 Coll., on certificates for new methods of animal prevention, diagnosis and treatment and on new methods of plant protection against pests and diseases and on the remuneration of their authors |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.1983 |
|---|---|
| Effective from | 20.10.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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