50% Reduction on charges for registration of protection of intellectual property rights​ in Vietnam as of July 1, 2024

50% Reduction on charges for registration of protection of intellectual property rights​ in Vietnam as of July 1, 2024 (Internet image)

On 28/6/2024, the Ministry of Finance (Hanoi, Vietnam) issued Circular 43/2024/TT-BTC on charges and charges to continue alleviating difficulties and supporting business production activities in Vietnam.

50% Reduction on charges for registration of protection of intellectual property rights in Vietnam as of July 1, 2024

According to Article 1 of Circular 43/2024/TT-BTC, which regulates certain charges and charges to continue alleviating difficulties and supporting business production activities, the charge for registration of protection of intellectual property rights​ is as follows:

From July 1, 2024 to December 31, 2024, the fee for filing an intellectual property protection application will be 50% of the rate stipulated at point 2, Section I of the Schedule of charges in the field of crop and forestry seed management issued with Circular 207/2016/TT-BTC.

Thus, from 01/7/2024 to 31/12/2024, the fee for filing an intellectual property protection application will be reduced by 50%, specifically to only 50,000 VND compared to the current fee mentioned above.

Priority principle applicable to protection registration applications in Vietnam

• The applicant has the right to request priority if the protection application is filed within twelve months from the date of filing a similar application for the same plant variety in a country having a treaty on plant variety protection with the Socialist Republic of Vietnam. The first filing date is not included in this period.

• To enjoy the priority right, the applicant must manifest this requirement in the protection application. Within three months from the filing date, the applicant must provide certified copies of the initial application documents by the competent authority and the samples or other evidence verifying that the plant variety in the two applications is the same and must pay the fee. The applicant has the right to provide information, documents, or necessary materials to the state management agency regarding the rights over plant varieties according to the provisions in Articles 176 and 178 of the Intellectual Property Law 2005 within two years from the end date of the priority period or within a suitable time frame depending on the species of the plant variety in the application, after the initial application is rejected or withdrawn.

• A protection application enjoying the priority right will have the priority date as the first filing date.

• Within the period specified in Clause 1, Article 167 of the Intellectual Property Law 2005, filing another application or publishing or using the plant variety subject to the initial application will not be considered as grounds for rejecting the protection application enjoying the priority right.

(Article 167 of the Intellectual Property Law 2005)

Applications for registration for protection in Vietnam

• The protection application includes the following documents:

  • Registration declaration according to the prescribed form;

  • Photos, technical declaration according to the prescribed form;

  • Power of attorney, if the application is submitted through a representative;

  • Documents proving registration rights, if the applicant is a transferred registration right holder;

  • Documents proving priority rights, if the application requests priority rights;

  • Proof of fee payment.

• The protection application and correspondence between the applicant and the state management agency regarding plant variety rights must be in Vietnamese, except for the following documents which can be in another language but must be translated into Vietnamese when requested by the state management agency regarding plant variety rights:

  • Power of attorney;

  • Documents proving registration rights;

  • Documents proving priority rights;

  • Other supporting documents for the application.

• Documents proving the priority rights of a protection application for plant variety rights include:

  • Copies of the initial application documents certified by the application receiving agency;

  • Transfer, inheritance, or succession documents proving the priority rights, if those rights are enjoyed from another person.

• Each application is only allowed to register protection for one plant variety.

(Article 174 of the Intellectual Property Law 2005)

Le Nguyen Anh Hao

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