In Vietnam, are there any differences in validity of protection certificates between plant varieties?

In Vietnam, are there any differences in validity of protection certificates between plant varieties?

Pursuant to Article 169 of the Law on Intellectual Property in 2005 stipulating validity of plant variety protection certificates in Vietnam as follows: 

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 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.

As regulations above, there is a difference in validity of protection certificates between plant varieties. Plant variety protection certificates shall be valid from the grant date up until the expiry of a period of 25 years for timber trees and vines; and of 20 years for other plant varieties.

In Vietnam, which cases shall a plant variety protection certificate be suspended?

Pursuant to Clause 1, Article 170 of the Law on Intellectual Property in 2005, the validity of a plant variety protection certificate may be suspended in the following cases:

- 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.

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