When will a decision on the compulsory transfer of rights to use a protected plant variety in Vietnam be suspended?
- When will a decision on the compulsory transfer of rights to use a protected plant variety in Vietnam be suspended?
- Vietnam: What does an application for suspension of the validity of the decision on the compulsory transfer of rights to use the protected plant variety include?
- What is the time limit for processing a request to suspend the validity of the decision on the compulsory transfer of rights to use the protected plant variety in Vietnam?
When will a decision on the compulsory transfer of rights to use a protected plant variety in Vietnam be suspended?
Pursuant to the provisions at Point c, Clause 1, Article 24 of Decree 79/2023/ND-CP on amendment, suspension, and termination of the validity of decisions on compulsory transfer of rights to use the protected plant varieties:
Amendment, suspension, and termination of the validity of decisions on compulsory transfer of rights to use the protected plant varieties
1. A decision on the compulsory transfer of rights to use a plant variety shall be:
a) Amended when the conditions for issuing the decision on compulsory transfer have been changed;
b) Suspended when the conditions for issuing the decision on compulsory no longer exist;
c) Terminated when there are grounds proving that the decision on compulsory transfer is contrary to laws.
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Therefore, a decision on the compulsory transfer of rights to use a protected plant variety shall be suspended when the conditions for issuing the decision on compulsory no longer exist.
When will a decision on the compulsory transfer of rights to use a protected plant variety in Vietnam be suspended? (Image from the Internet)
Vietnam: What does an application for suspension of the validity of the decision on the compulsory transfer of rights to use the protected plant variety include?
Pursuant to the provisions at Clause 2, Article 24 of Decree 79/2023/ND-CP:
Amendment, suspension, and termination of the validity of decisions on compulsory transfer of rights to use the protected plant varieties
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2. A plant variety protection title holder wishing to amend, suspend, or terminate the validity of a decision on the compulsory transfer of rights to use the related plant variety shall submit an application to the Ministry of Agriculture and Rural Development of Vietnam. The application includes:
a) Application requesting amendment, suspension, or termination of the validity of the decision on the compulsory transfer of rights to use the related plant variety following Form No. 21 enclosed herewith;
b) Certified copies of documents proving that the amendment, suspension, or termination of the validity of the decision on the compulsory transfer is well-grounded and does not cause damage to the person receiving the compulsory transfer;
c) Authorizing document in case of submitting the request through the right representation service provider. The authorizing document shall include the following contents: the authorizing party, the authorized party, the scope and volume of work subject to authorization, and authorizing time.
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Thus, a plant variety protection title holder wishing to suspend the validity of a decision on the compulsory transfer of rights to use the protected plant variety shall prepare an application, including:
(1) Application requesting suspension of the validity of the decision on the compulsory transfer of rights to use the related plant variety following Form No. 21 DOWNLOAD enclosed with Decree 79/2023/ND-CP;
(2) Certified copies of documents proving that the suspensionof the validity of the decision on the compulsory transfer is well-grounded and does not cause damage to the person receiving the compulsory transfer;
(3) Authorizing document in case of submitting the request through the right representation service provider.
The authorizing document shall include the following contents:
- the authorizing party,
- the authorized party,
- the scope and volume of work subject to authorization,
- authorizing time.
A plant variety protection title holder shall submit such application to the Ministry of Agriculture and Rural Development of Vietnam.
What is the time limit for processing a request to suspend the validity of the decision on the compulsory transfer of rights to use the protected plant variety in Vietnam?
Pursuant to the provisions at Clause 3, Article 24 of Decree 79/2023/ND-CP:
Amendment, suspension, and termination of the validity of decisions on compulsory transfer of rights to use the protected plant varieties
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3. The procedure for compulsory transfer of rights to use the protected plant variety according to Point a Clause 1 Article 21 of this Decree:
a) Within 15 days after receiving the adequate application, the Ministry of Agriculture and Rural Development of Vietnam shall assess it.
If the application is valid, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision on the compulsory transfer of rights to use the related plant variety while providing notifications for the transferring and receiving parties for implementation.
c) If the application is invalid, the Ministry of Agriculture and Rural Development of Vietnam shall provide answers and explanations for the applicant in writing.
Thus, the time limit for processing a request to suspend the validity of the decision on the compulsory transfer of rights to use the protected plant variety of the Ministry of Agriculture and Rural Development of Vietnam is within 15 days after receiving the adequate application.
If the application is valid, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision on the compulsory transfer of rights to use the related plant variety while providing notifications for the transferring and receiving parties for implementation.
If the application is invalid according to Article 195 of Law on Intellectual Property 2005, the Ministry of Agriculture and Rural Development of Vietnam shall provide answers and explanations for the applicant in writing.
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