What are the procedures for revoking the validity of plant variety protection certificates upon request of organizations or individuals in Vietnam?
- What are the procedures for revoking the validity of plant variety protection certificates upon request of organizations or individuals in Vietnam?
- What are the regulations on validity of plant variety protection certificates in Vietnam?
- What are the rights of parties to contract to transfer the right to use plant varieties in Vietnam?
What are the procedures for revoking the validity of plant variety protection certificates upon request of organizations or individuals in Vietnam?
Based on Section 2, Section A, Part II of the Appendix issued with Decision 4953/QD-BNN-TT in 2023, which regulates the procedure for revoking the validity of plant variety protection certificates upon request of organizations or individuals, the process consists of the following steps:
Step 1: The organization or individual who has objections regarding any of the cases specified in Article 171, Clause 1 of the Law on Intellectual property 2005 (as amended and supplemented by Clause 68, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022) shall submit an application to the Ministry of Agriculture and Rural Development.
The application should include:
- A request for revoking the validity of the plant variety protection certificate, according to the form provided in Form 14 issued with Decree 79/2023/ND-CP.
- Supporting evidence demonstrating the reasons for requesting the revocation of the plant variety protection certificate.
Step 2: Verification of the completeness of the dossier components
- In cases of direct submission, the Ministry of Agriculture and Rural Development shall promptly verify the completeness of the dossier components.
- In cases of submission via postal services: Within a period not exceeding 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development shall examine the completeness of the dossier components. If the dossier is incomplete as prescribed, a written notification shall be sent to the organization or individual.
- In cases of submission through the electronic environment: Within a period not exceeding 01 working day from the time of receiving the dossier, the Ministry of Agriculture and Rural Development shall examine the completeness of the dossier components. If the dossier is incomplete as prescribed, a notification shall be sent to the organization or individual.
Step 3: Evaluation of the dossier and issuance of results:
Within a period of 30 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development shall evaluate the dossier and notify the plant variety protection certificate holder.
- In cases where the reason for requesting the revocation of the plant variety protection certificate is that the application for plant variety protection was filed by a person who is not entitled to do so, or the protected plant variety does not meet the requirements for novelty at the time of granting the plant variety protection certificate, if the objections from a third party are legally justified, the Ministry of Agriculture and Rural Development shall issue a decision to revoke the validity of the plant variety protection certificate. If the objections from a third party are not legally justified, the Ministry of Agriculture and Rural Development shall respond in writing, stating the reasons.
- In cases where the reason for requesting the revocation of the plant variety protection certificate is that the protected plant variety does not meet the requirements for distinctness at the time of granting the plant variety protection certificate, or the plant variety does not meet the requirements for uniformity or stability as assessed based on the technical examination results conducted by the applicant, the Ministry of Agriculture and Rural Development shall organize a re-evaluation of the distinctness, uniformity, or stability of the plant variety.
Within a period of 12 days from the date of receiving the re-evaluation results, the Ministry of Agriculture and Rural Development shall conduct an evaluation. If the objections from a third party are legally justified, the Ministry of Agriculture and Rural Development shall issue a decision to revoke the validity of the plant variety protection certificate. If the objections from a third party are not legally justified, the Ministry of Agriculture and Rural Development shall respond in writing, stating the reasons.
Step 4: The decision to revoke the validity of the plant variety protection certificate is published in the Agriculture and Rural Development Journal and on the electronic portal of the Ministry of Agriculture and Rural Development within a period of 60 days from the date of issuing the decision.
What are the procedures for revoking the validity of plant variety protection certificates upon request of organizations or individuals in Vietnam?
What are the regulations on validity of plant variety protection certificates in Vietnam?
Pursuant to the provisions of Article 169 of the Law on Intellectual property 2005, amended by Point k, Clause 82, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022, it is stipulated as follows:
Validity of plant variety protection certificates
1. A plant variety protection certificate shall be valid throughout the entire territory of Vietnam.
2. Plant variety protection certificates shall be valid from the grant date up until the expiry of a period of twenty-five (25) years for timber trees and woody vines; and of twenty (20) years for other plant varieties.
3. Plant variety protection certificates may have their validity terminated or they may be invalidated pursuant to the provisions of articles 170 and 171 of this Law.
Thus, based on the above regulations, plant variety protection certificates shall be valid from the grant date up until the expiry of a period of twenty-five (25) years for timber trees and woody vines.
For other plant varieties, the plant variety protection certificate is valid for 20 years from the date of issue.
What are the rights of parties to contract to transfer the right to use plant varieties in Vietnam?
Pursuant to the provisions of Article 193 of the Law on Intellectual property 2005, the rights of the parties in the contract to transfer the right to use plant varieties are determined as follows:
- The licensor shall have the right to permit or not permit the licensee to sub-license to a third party.
- 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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