Is an individual required to pass an examination on plant variety right representation to be granted the plant variety right representation service practice certificates in Vietnam?
- Is an individual required to pass an examination on plant variety right representation to be granted the plant variety right representation service practice certificates in Vietnam?
- Vietnam: Where is the organization of the professional plant variety right representation exam disclosed?
- Vietnam: What does an application for participation in the exam for certificates of professional plant variety right representation include?
- Vietnam: How many points does a candidate score on the exam paper to be considered qualified?
Is an individual required to pass an examination on plant variety right representation to be granted the plant variety right representation service practice certificates in Vietnam?
Pursuant to the provisions of Clause 1, Article 28 of Decree 79/2023/ND-CP:
Issuance of practicing certificates of plant variety right representation services
1. Individuals meeting conditions for issuance of practicing certificates of right representation prescribed in Clause 66 Article 1 of the Law on Amendments to the Law on Intellectual Property 2022 shall submit applications to the Ministry of Agriculture and Rural Development of Vietnam. An application includes:
a) Application requesting the issuance of the practicing certificate of plant variety right representation following Form No. 26 enclosed herewith;
b) Copies of the certificate of qualifications at the professional plant variety right representation exam;
c) 2 photos sized 3 x 4 (cm).
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Pursuant to Clause 66, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property in 2022 as follows:
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6. An individual will be granted the plant variety right representation service practice certificates if the following conditions are satisfied:
a) He/she is a Vietnamese citizen with full legal capacity;
b) He/she has a permanent residence in Vietnam;
c) He/she has a bachelor's degree or an equivalent qualification;
d) He/she has personally conducted legal activities related to plant variety for at least five years, or personally processed applications for registration of plant variety rights in a national or international office for plant variety rights for at least five years, or graduated from a training course on the law on plant variety rights as recognized by a competent authority;
dd/ He/she is not an official, public employee or employee currently working in a plant variety right authority;
e) He/she has passed an examination on plant variety right representation organized by a competent authority.
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Therefore, an individual must pass an examination on plant variety right representation to be granted the plant variety right representation service practice certificates in Vietnam.
Is an individual required to pass an examination on plant variety right representation to be granted the plant variety right representation service practice certificates in Vietnam? (Image from the Internet)
Vietnam: Where is the organization of the professional plant variety right representation exam disclosed?
Pursuant to Clause 2, Article 27 of Decree 79/2023/ND-CP:
Professional plant variety right representation exam
1. Contents of the professional plant variety right representation exam
a) Laws on rights to plant varieties, including laws of Vietnam, regulations of international treaties, guiding documents, and cooperation agreements that Vietnam is a signatory;
b) Skills in applying laws to the procedure for establishing rights to plant varieties, searching and utilizing information on plant variety protection, and implementing DUS testing.
2. The Ministry of Agriculture and Rural Development of Vietnam shall disclose the organization of the professional plant variety right representation exam on its web portal, specifying the conditions for participation, application procedure, exam contents, time, and location.
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The Ministry of Agriculture and Rural Development of Vietnam shall disclose the organization of the professional plant variety right representation exam
The notification shall spectify the conditions for participation, application procedure, exam contents, time, and location.
Vietnam: What does an application for participation in the exam for certificates of professional plant variety right representation include?
Pursuant to Clause 4, Article 27 of Decree 79/2023/ND-CP, an application for participation in the exam for certificates of professional plant variety right representation includes:
- Statement on exam registration following Form No. 24 enclosed herewith;
- Copies of the bachelor’s degree or post-university degree (the original shall be presented for comparison, excluding cases of certified copies);
- Copies of the certificate of training in plant variety right laws (the original shall be presented for comparison, excluding cases of certified copies) or copies of the recruitment decision or labor contract, and other documents proving the actual professional operations (the original shall be presented for comparison, excluding cases of certified copies);
- 2 photos sized 3 x 4 (cm).
The Ministry of Agriculture and Rural Development of Vietnam shall assess applications and provide written notification for individuals with valid applications 15 days before the exam date, specifying the exam plan.
Vietnam: How many points does a candidate score on the exam paper to be considered qualified?
Pursuant to Clause 6, Article 27 of Decree 79/2023/ND-CP:
Professional plant variety right representation exam
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6. Organization of the exam
a) The question paper shall be randomly selected by the President of the Exam Council from the question paper bank.
b) The Exam Council shall mark exam papers following the answer keys and score scales of the selected question paper.
c) A candidate achieving a score of 5,0 or more based on the 10-point scale for his/her exam paper is considered qualified.
7. Within 20 days from the date of the exam, the President of the Exam Council shall disclose the exam results on the web portal of the Ministry of Agriculture and Rural Development of Vietnam and issue certificates following Form No. 25 enclosed herewith for qualified people.
Therefore, a candidate achieving a score of 5,0 or more based on the 10-point scale for his/her exam paper is considered qualified.
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