Vietnam: Conditions on technical tests conducted by application submitters

09:55, 19/08/2010

Recently, the Government of Vietnam has issued the Decree No. 88/2010/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property regarding rights to plant varieties, covering responsibilities for state management of rights to plant varieties, which stipulates conditions on technical tests conducted by application submitters.

Tự thực hiện khảo nghiệm kỹ thuật đối với giống cây trồng, Nghị định 88/2010/NĐ-CP

According to Article 25 of Decree No. 88/2010/NĐ-CP of Vietnam’s Government, conditions on technical tests conducted by application submitters are as follows:

Application submitters may themselves conduct technical tests of plant varieties registered for protection in the Vietnamese territory if they fully meet the following conditions:

- Having a location and land area suitable for carrying out testing experiments according to testing requirements applicable to the plant species to be tested;

- Having special-use equipment or having signed contracts with other organizations and individuals to analyze and assess criteria according to testing requirements applicable to the plant species to be tested;

- Having appropriate control varieties to be cultivated together with to-be-tested varieties in testing experiments;

- Having signed contracts with at least 1 technician who possesses a university degree in a specialized major and a certificate of training in technical test or has been directly engaged in technical tests for at least 2 years.

Besides, the Ministry of Agriculture and Rural Development shall guide in detail conditions for application submitters to conduct tests by themselves and the field inspection of testing experiments conducted by application submitters.

View more details at Decree No. 88/2010/NĐ-CP of Vietnam’s Government, effective from October 01, 2010.

Nguyen Phu

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