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Article

Исчерпание исключительного права на селекционное достижение: теория, практика, проблемы

In the article of V.N.Sinelnikova, Doctor of law, Professor of the Chair of Civil and Business Law of the National Research University Higher School of Economics, member of the Scientific Advisory Council of the Supreme Court of the Russian Federation (Moscow, vsinel@hse.ru), the features of the use of the exclusive right to patent-protected seeds (selection achievements in the field of crop production), lawfully entered into civil circulation on the basis of a license contract are considered. The author argues that the exclusive right of the patent owner to such seeds is terminated (exhausted) and the buyer can use these objects after the expiration of the license agreement for the production of commercial grain without the consent of the patent owner and without paying him\her remuneration. The opinion was also expressed on the effectiveness of contracts for the alienation of protected results of selection activities, in which the limits of disposal of purchased patent-protected seeds are agreed.