Legal Counselling

How are well-known plant varieties in Vietnam?

08:22, 02/03/2013

This is a notable content of the Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam guiding the protection of plant variety rights.

According to Article 6 of Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, a plant variety of the same kind with the variety that applies for protection is considered well-known in one of the following cases:

- The plant varieties of which the propagating material harvested material are commonly used on Vietnam’s market or in any other country when the application for protection is submitted;

- The plant variety is protected, experimentally propagated or officially certified, or in the List of Plant varieties permitted to be propagated and traded in Vietnam or in any other country;

- The plant variety is the object in the application for the protection of new plant varieties, or the application for testing, or the application for the accreditation of new plant variety in Vietnam or in any other country, if these applications are not rejected.

A plant variety is considered no longer novel and ineligible for protection after 12 months from the day on which its name is added in the List of plant varieties permitted to be propagated and traded in Vietnam.

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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