What is the application for registration of transfer of rights to protected plant varieties in Vietnam under the Decree 79/2023/ND-CP?
- What is the application for registration of transfer of rights to protected plant varieties in Vietnam?
- Vietnam: Shall the assignment of rights to plant varieties be in the form of written contract?
- What are the rights of the parties in a contract to transfer rights to protected plant varieties in Vietnam?
What is the application for registration of transfer of rights to protected plant varieties in Vietnam?
Decree 79/2023/ND-CP on elaborating on several articles and implementation measures of the Law on Intellectual Property regarding rights to plant varieties issued by the Government.
Registration dossiers for transfer of rights to protected plant varieties are determined according to the provisions of Article 19 of Decree 79/2023/ND-CP as follows:
Registration of transfer of rights to protected plant varieties
1. After the conclusion of a transfer contract of rights to the related plant variety according to laws, an application for transfer registration shall be submitted to the Ministry of Agriculture and Rural Development of Vietnam. The application includes:
a) Statement on transfer registration following Form No. 18 enclosed herewith;
b) Certified copies of the transfer contract of rights to the related plant variety. The contents of the contract shall be written in Vietnamese or translated to Vietnamese, and each page must bear the confirmation signatures of concerned parties or an affixed seal;
c) Original copy of the protection title of the transferred plant variety;
d) Original copies of the written consents of co-owners of the related plant variety in case of co-ownership.
2. Within 30 days after receiving the adequate application, the Ministry of Agriculture and Rural Development of Vietnam shall assess it.
a) If the application is valid, the Ministry of Agriculture and Rural Development of Vietnam shall issue a written notification of the transfer of the ownership of the plant variety protection title, recognize the receiving party as the new plant variety protection title holder, update the information to the National Register, issue the plant variety protection title according to the recorded information on the transfer, and disclose such information on its web portal.
b) If the application is invalid, the Ministry of Agriculture and Rural Development of Vietnam shall provide answers and explanations for the applicant in writing.
Thus, the application for registration of transfer of rights to protected plant varieties includes:
- Statement on transfer registration following Form No. 18 enclosed with Decree 79/2023/ND-CP;
- Certified copies of the transfer contract of rights to the related plant variety. The contents of the contract shall be written in Vietnamese or translated to Vietnamese, and each page must bear the confirmation signatures of concerned parties or an affixed seal;
- Original copy of the protection title of the transferred plant variety;
- Original copies of the written consents of co-owners of the related plant variety in case of co-ownership.
Thus, the application for transfer registration shall be submitted to the Ministry of Agriculture and Rural Development after concluding a transfer contract of rights to the related plant variety according to the provisions of law.
Within 30 days after receiving the adequate application, the Ministry of Agriculture and Rural Development of Vietnam shall assess it.
What is the application for registration of transfer of rights to protected plant varieties in Vietnam under the Decree 79/2023/ND-CP?
Vietnam: Shall the assignment of rights to plant varieties be in the form of written contract?
Pursuant to the provisions of Article 194 of the Law on Intellectual property 2005 as follows:
Assignment of rights to plant varieties
1. Assignment of rights to a plant variety means the transfer by the plant variety protection certificate holder to the assignee of all rights to such plant variety. The assignee shall become the plant variety protection certificate holder from the date of registration of the assignment contract with the State administrative body for rights to plant varieties in accordance with procedures stipulated by law.
2. Where rights to a plant variety are under joint ownership, the assignment of such rights to another person must be consented to by all co-owners.
3. The assignment of rights to a plant variety must be effected in the form of written contract.
Thus, according to regulations, the assignment of rights to a plant variety must be effected in the form of written contract.
What are the rights of the parties in a contract to transfer rights to protected plant varieties in Vietnam?
Pursuant to the provisions of Article 193 of the Law on Intellectual property 2005, the rights of the parties in a contract to transfer rights to protected plant varieties are determined as follows:
(1) The licensor shall have the right to permit or not permit the licensee to sub-license to a third party.
(2) The licensee shall have the following rights:
- To license the use right to a third party if so permitted by the licensor;
- To request the licensor to take necessary and appropriate measures to prevent infringement by a third party causing loss and damage to the licensee;
- To take necessary measures to prevent a third party's infringements if, within a time-limit of three months from the date of receipt of the request stipulated in sub-clause (b) above, the licensor fails to act as requested.
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