Procedures and processes for granting central-level plant variety protection certificates: When do plant variety protection certificates take effect?
Procedure and process for granting central-level plant variety protection certificates
Pursuant to subsection 12.1, sub-item 12, Section A, Part II of the Appendix issued together with Decision 4953/QD-BNN-TT in 2023 stipulating the procedure and process for granting central-level plant variety protection certificates are as follows:
Step 1: Organizations and individuals submit dossiers to the Ministry of Agriculture and Rural Development.
The dossier requesting the issuance of a central-level plant variety protection certificate includes the original report on DUS testing results in accordance with Form No. 08 issued together with Decree 79/2023/ND-CP.
Step 2: Respond to the completeness of the dossier components
- In case of direct submission: The Ministry of Agriculture and Rural Development checks and immediately responds to the completeness of the dossier components.- In case of submission via postal services: Within 03 working days from the date of receipt of the dossiers, the Ministry of Agriculture and Rural Development reviews the completeness of the dossier components; if the dossier is incomplete as per regulation, they will notify the organization or individual in writing.- In case of submission via electronic means: Within 01 working day from the time of receipt of the dossiers, the Ministry of Agriculture and Rural Development reviews the completeness of the dossier components; if the dossier is incomplete as per regulation, they will notify the organization or individual.
Step 3: Appraise the dossiers and return results:
Within 90 days from the date of receipt of the DUS testing results, the Ministry of Agriculture and Rural Development will proceed to appraise the content in accordance with Clause 1, Article 178 of the Intellectual Property Law of 2005.
- In cases where the registered variety ensures distinctness, uniformity, and stability, and the protection application meets the conditions stipulated in Article 176 and Point a, Clause 1, Article 178 of the Intellectual Property Law of 2005, the Ministry of Agriculture and Rural Development will issue a Decision to grant the Plant Variety Protection Certificate in accordance with Form Nos. 09 and 10 issued together with this Decree; return the results to the applicant; publish it in the Agriculture and Rural Development Journal and on the electronic portal of the Ministry of Agriculture and Rural Development within 60 days from the date of issuing the Decision.
- In cases where the registered variety does not ensure distinctness, uniformity, or stability, or the protection application does not meet the conditions stipulated in Clause 2, Article 176 and Point a, Clause 1, Article 178 of the Intellectual Property Law of 2005, the Ministry of Agriculture and Rural Development will notify in writing the intention to refuse the issuance of the Plant Variety Protection Certificate to the applicant, stating the reasons, and setting a 30-day deadline for the applicant to remedy the shortcomings or have objections to the intended refusal.
If after the aforementioned period, the applicant does not have valid objections to the intended refusal or cannot remedy the shortcomings, the Ministry of Agriculture and Rural Development will notify the refusal to grant the Plant Variety Protection Certificate. If the applicant can remedy the shortcomings or has valid objections to the intended refusal, the Ministry of Agriculture and Rural Development will grant the Plant Variety Protection Certificate as per the regulations at Clause 1, Article 11 Decree 79/2023/ND-CP dated November 15, 2023, of the Government of Vietnam.
Procedure for granting central-level plant variety protection certificates. When is the plant variety protection certificate effective? (Image from the Internet)
When is the plant variety protection certificate effective?
According to Article 169 of the Intellectual Property Law 2005 as amended by Point k, Clause 82, Article 1, Intellectual Property Law as Amended in 2022 stipulates:
Validity of the Plant Variety Protection Certificate
1. The Plant Variety Protection Certificate is valid throughout the territory of Vietnam.
2. The Plant Variety Protection Certificate is valid from the date of issuance to the end of twenty-five years for woody and climbing plants; and twenty years for other plant varieties.
3. The Plant Variety Protection Certificate may be suspended or revoked according to the stipulations of Articles 170 and 171 of this Law.
Therefore, based on the above regulations, the plant variety protection certificate is valid from the date of issuance to the end of twenty-five years for woody and climbing plants.
For other plant varieties, the plant variety protection certificate is valid until the end of 20 years from the date of issuance.
In which cases can the plant variety protection certificate be suspended?
According to Clause 1, Article 170 of the Intellectual Property Law 2005, the plant variety protection certificate can be suspended in the following cases:
- The protected plant variety no longer meets the conditions of uniformity and stability as at the time of granting.- The certificate holder fails to pay maintenance fees as prescribed.- The certificate holder does not provide the necessary documents and reproductive materials to maintain and store the plant variety according to regulations.- The certificate holder does not change the plant variety name as requested by the state management agency on rights to plant varieties.
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