What are the procedures for suspension of validity of plant variety protection certificates at the request of central-level organizations or individuals in Vietnam?
- What are the procedures for suspension of validity of plant variety protection certificates at the request of central-level organizations or individuals in Vietnam?
- When will organizations or individuals have the right to request to suspend the validity of the plant variety protection certificates in Vietnam?
- What are the cases of restoration of validity of plant variety protection certificates in Vietnam?
What are the procedures for suspension of validity of plant variety protection certificates at the request of central-level organizations or individuals in Vietnam?
Based on Section 1.1, Subsection 1 of Part A, Appendix II issued with Decision 4953/QD-BNN-TT in 2023, the procedure for suspension and restoration of validity of plant variety protection certificates at the request of central-level organizations or individuals is carried out in the following steps:
Step 1: Submitting the dossier
The organization or individual submits the dossier directly, via postal service, or through electronic means to the Ministry of Agriculture and Rural Development.
The dossier includes:
- A request form to suspend the validity of the plant variety protection certificate according to the regulations in Form No. 12 issued with Decree 79/2023/ND-CP.
- Evidence proving that the protected plant variety no longer meets the requirements of uniformity or stability as at the time of certificate issuance.
Step 2: Checking the completeness of the dossier components
- In the case of direct submission, the Ministry of Agriculture and Rural Development checks and immediately responds regarding the completeness of the dossier components.
- In the case of submission via postal service: Within a period not exceeding 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development examines the completeness of the dossier components. If the dossier is incomplete as prescribed, a written notification is sent to the organization or individual.
- In the case of submission through electronic means: Within a period not exceeding 01 working day from the time of receiving the dossier, the Ministry of Agriculture and Rural Development examines the completeness of the dossier components. If the dossier is incomplete as prescribed, a notification is given to the organization or individual.
Step 3: Evaluation of the dossier and notification of results:
- Within 30 days from the date of receiving a complete dossier, the Ministry of Agriculture and Rural Development conducts an evaluation and issues a written notification to the owner of the plant variety protection certificate. At the same time, a re-evaluation of the uniformity and stability of the plant variety is organized.
- Within 12 days from the date of receiving the results of the re-evaluation of uniformity and stability, the Ministry of Agriculture and Rural Development conducts an evaluation. If a third party's objection is legally justified, the Ministry of Agriculture and Rural Development issues a decision to suspend the validity of the plant variety protection certificate. If the third party's objection is not legally justified, the Ministry of Agriculture and Rural Development responds in writing and provides a clear explanation.
Step 4: The decision to suspend the validity of the plant variety protection certificate is published in the Agriculture and Rural Development Journal and the electronic portal of the Ministry of Agriculture and Rural Development within 60 days from the date of issuing the decision.
What are the procedures for suspension of validity of plant variety protection certificates at the request of central-level organizations or individuals in Vietnam?
When will organizations or individuals have the right to request to suspend the validity of the plant variety protection certificates in Vietnam?
Pursuant to the provisions of Clause 4, Article 170 of the Law on Intellectual Property 2005, it is stipulated as follows:
Suspension and restoration of validity of plant variety protection certificates
1. The validity of a plant variety protection certificate may be suspended in the following cases:
(a) The protected plant variety no longer satisfies the conditions of uniformity and stability as at the time of grant of the certificate;
(b) The protection certificate holder fails to pay the validity maintenance fee according to regulations;
(c) The protection certificate holder fails to supply necessary documents and reproductive materials for maintaining and preserving the plant variety according to regulations;
(d) The protection certificate holder fails to change the denomination of the plant variety at the request of the State administrative body for rights to plant varieties.
2. In the cases stipulated in sub-clauses (a), (c) and (d) of clause 1 of this article, the relevant State administrative body for rights to plant varieties shall issue a decision on suspension of validity of the plant variety protection certificate.
3. In the case stipulated in sub-clause (b) of clause 1 of this article, upon the expiry of the time-limit for payment of the validity maintenance fee, the relevant State administrative body for rights to plant varieties shall issue a decision on suspension of validity of the plant variety protection certificate as from the first day of the next valid year for which the validity maintenance fee was not paid.
4. In the case stipulated in sub-clause (a) of clause 1 of this article, any organization or individual may request the State administrative body for rights to plant varieties to suspend the validity of the plant variety protection certificate.
Based on the results of considering the application for suspension of a plant variety protection certificate and the opinions of relevant parties, the relevant State administrative body for rights to plant varieties shall either issue a decision to suspend the validity of the certificate or shall refuse the application.
...
Thus, based on the above regulations, In the case the protected plant variety no longer satisfies the conditions of uniformity and stability as at the time of grant of the certificate, any organization or individual may request the State administrative body for rights to plant varieties to suspend the validity of the plant variety protection certificate.
What are the cases of restoration of validity of plant variety protection certificates in Vietnam?
Pursuant to the provisions of Clause 5, Article 170 of the Law on Intellectual Property 2005 as follows:
Suspension and restoration of validity of plant variety protection certificates
...
5. In the cases stipulated in clause 1 of this article, the relevant State administrative body for rights to plant varieties shall publish such suspension in a specialized magazine, clearly stating the reasons therefor, and concurrently send a notice thereon to the certificate holder. Within thirty (30) days from the date of notification, the certificate holder may file a request for application of remedies to the reasons why validity was suspended with the State administrative body for rights to plant varieties and pay the fee for restoration of validity of the plant variety protection certificate. Within ninety (90) days after the date of filing the request, the protection certificate holder must remedy the reasons why validity was suspended, applicable to the cases stipulated in sub-clauses (b), (c) and (d) of clause 1 of this article. The State administrative body for rights to plant varieties shall consider and restore the validity of the protection certificate and publish such restoration in a specialized magazine.
In the case stipulated in sub-clause (a) of clause 1 of this article, the validity of the plant variety protection certificate shall be restored after its holder successfully proves that the plant variety has satisfied the conditions of uniformity and stability and after this has been so certified by the State administrative body for rights to plant varieties.
Thus, based on the above regulations, in the following cases, the relevant State administrative body for rights to plant varieties shall publish such suspension in a specialized magazine, clearly stating the reasons therefor, and concurrently send a notice thereon to the certificate holder:
- The protected plant variety no longer satisfies the conditions of uniformity and stability as at the time of grant of the certificate;
- The protection certificate holder fails to pay the validity maintenance fee according to regulations;
- The protection certificate holder fails to supply necessary documents and reproductive materials for maintaining and preserving the plant variety according to regulations;
- The protection certificate holder fails to change the denomination of the plant variety at the request of the State administrative body for rights to plant varieties.
LawNet
