Application for issuance of License to represent plant variety rights in Vietnam

According to Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, the persons that satisfy the conditions in Point 5 and Clause 21 Article 1 of the amended Law on Intellectual property and wish to be issued with the License to represent plant variety rights (hereinafter referred to as License for representation) shall submit 01 dossier to the Department of Crop production. The dossier comprises:

- The written request for issuing the License for representation according to the form in Annex 19 of this Circular;

- The photocopy of the ID card;

- The copy of the Bachelor’s degree (authenticated or enclosed with the original for comparison);

- The photocopy of the Certificate of training in plant variety rights, or the original copy of one of the following documents: The written certification made by the training institution that the applicant has completed the undergraduate or postgraduate dissertation on plant variety rights, or the copy of the dissertation enclosed with the original for comparison; the written certification made by a competent agency that the applicant has directly verified the applications for protection in a national or international plant variety right agency, or has worked in laws on plant variety rights for at least 05 consecutive years.

- 02 3x4 pictures;

- The photocopies of the receipts, or the fax of the papers proving that money has been transferred to the account of the Department of Crop production.

Order and deadline for settlement:

- If the dossier is inadequate, the Department of Crop production shall notify it to the applicant within 03 working days from the day on which the dossier is received.

- Within 10 working days from the day on which the complete and valid dossier is received, the Director of Department of Crop production shall sign the decision to issue the License to the person that submitted the valid dossier and is in the list of people that pass the test on representation for plant variety rights, record it to the National Register of representation for plant variety rights, and post it on the website of the New Plant Variety Protection Office within 05 working days from the day on which the decision is signed. The refusal must be notified and explained in writing.

View full text at Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, effective from April 13, 2013.

Thu Ba

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