Article 1436: Temporary legal protection of a selection achievement

1. Selective achievement for which an application is submitted to the Federal Executive Authority on the progress of the selection process, from the date of application to the date of issuance of the patent to the applicant on the breeding board 2. Once a patent is obtained for a breeding achievement, the patent holder has the right to receive monetary compensation from the person who has committed it without permission. The amount of compensation shall be determined by agreement of the parties and, in the case of an individual who is a party to the Convention, by agreement of the parties, in accordance with article 1421, paragraph 3, of the present Code, during the period of temporary legal protection of the selective achievement of the act. 3. During the interim legal protection of the selection achievement, the applicant is permitted to sell and otherwise transfer seeds, tribal material for scientific purposes only and in cases where: The sale and other transfer is related to the exclusion of the right to a patent for a breeding achievement or to the production of seeds, tribal material ordered by the applicant for the purpose of creating a stock. 4. The provisional legal protection of a selection achievement shall be deemed not to have occurred if the application for a patent has not been accepted (art. 1435) or if the application has been refused. The granting of a patent and the possibility to object to that decision provided for in this Code have been exhausted, as well as if the applicant has violated the requirements of paragraph 3 of this article.