Sample Request Form for Certification of Professional Practice in Representation of Plant Rights: Where to Download the Form?
What is the application form for the issuance of a professional certificate for plant variety rights representation services? Where to download the form?
The application form for the issuance of a professional certificate for plant variety rights representation services is Form No. 26, Subsection 17, Section A, Part II, Annex issued together with Decision 4953/QD-BNN-TT of 2023.
Download the application form for the issuance of a professional certificate for plant variety rights representation services here.
What is the application form for the issuance of a professional certificate for plant variety rights representation services? Where to download the form?
What are the procedures for the issuance of a professional certificate for plant variety rights representation services?
Based on Subsection 17, Section A, Part II, Annex issued together with Decision 4953/QD-BNN-TT regulating the procedures for the issuance of a professional certificate for plant variety rights representation services, the steps are as follows:
Step 1: Submit the application
Individuals submit their applications to the Ministry of Agriculture and Rural Development.
Step 2: Verify the completeness of the application components
- In-person submission: The Ministry of Agriculture and Rural Development checks and immediately verifies the completeness of the application components;- Submission via postal service: Within no more than 03 working days from the receipt of the application, the Ministry of Agriculture and Rural Development assesses the completeness of the application components. If the application is incomplete as per regulations, it will notify the organization or individual in writing;- Submission via electronic environment: Within no more than 01 working day from the receipt of the application, the Ministry of Agriculture and Rural Development assesses the completeness of the application components. If the application is incomplete as per regulations, it will notify the organization or individual.
Step 3: Appraise the application and deliver the result:
Within 12 days from the receipt of a complete application, the Ministry of Agriculture and Rural Development appraises the application.
- If the application is valid, the Ministry of Agriculture and Rural Development will issue a Decision and grant the Professional Certificate for Plant Variety Rights Representation Services as per the provisions in Form No. 27 issued together with Decree 79/2023/ND-CP, deliver the results, and publish them on the Ministry of Agriculture and Rural Development's electronic portal.- If the application is invalid, the Ministry of Agriculture and Rural Development will respond in writing to the applicant, stating the reasons.
What are the conditions an individual must meet to be granted a professional certificate for plant variety rights representation services?
Based on the provisions of Article 165 of the Intellectual Property Law of 2005 as amended by Clause 66, Article 1 of the Amended Intellectual Property Law of 2022, individuals are granted a Professional Certificate for Plant Variety Rights Representation Services if they meet the following conditions:
- Be a Vietnamese citizen with full civil capacity;- Reside permanently in Vietnam;- Possess a bachelor's degree or an equivalent qualification;- Have directly engaged in legal work related to plant variety rights for five years or more, or have directly handled the examination of applications for plant variety rights at a national or international plant variety rights authority for five years or more, or have completed a recognized training course on plant variety rights law;- Not be officials or public employees or workers currently employed at state agencies vested with the authority to establish and protect plant variety rights;- Have passed the examination on professional plant variety rights representation organized by a competent authority.
What obligations do organizations providing plant variety rights representation services have?
Based on the provisions of Article 25 of the Decree 79/2023/ND-CP, the regulations are as follows:
Scope of rights for plant variety rights representatives
1. Organizations providing plant variety rights representation services are only authorized to perform services within the scope of the given authorization and may delegate the authorization to another plant variety rights representation service organization, if written consent from the authorizing party is obtained.
2. Obligations of organizations providing plant variety rights representation services:
a) Do not represent both parties in a dispute over plant variety rights;
b) Do not withdraw applications for protection titles, declare renunciation of protection, or withdraw complaints on the establishment of plant variety rights without the authorizing party's consent;
c) Do not deceive or coerce clients in signing and implementing plant variety rights representation service contracts;
d) Do not use or disclose information related to unpublished protection title applications by the Ministry of Agriculture and Rural Development.
Thus, based on the above regulations, organizations providing plant variety rights representation services have the following obligations:
- Do not represent both parties in a dispute over plant variety rights;- Do not withdraw applications for protection titles, declare renunciation of protection, or withdraw complaints on the establishment of plant variety rights without the authorizing party's consent;- Do not deceive or coerce clients in signing and implementing plant variety rights representation service contracts;- Do not use or disclose information related to unpublished protection title applications by the Ministry of Agriculture and Rural Development.
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