Vietnam: Content examination of a protection registration application

According to Article 25 of Decree No. 88/2010/NĐ-CP of Vietnam’s Government, the content examination of a protection registration application covers:

- Examination of the plant variety denomination;

- Examination of the plant variety novelty;

- Examination of the technical test (DUS test) results.

1. Examination of denominations of plant varieties (Article 13):

The plant variety protection agency shall examine the properness of the proposed denomination of a plant variety to those of plant varieties compared to the same species or a species close to the species of that plant variety which have been recognized by Vietnam or by any country which has concluded with Vietnam an agreement on the protection of rights to plant varieties.

2. Examination of novelty (Article 14):

Examination of novelty of a plant variety registered for protection covers:

- Examination of information in the protection registration declaration:

- Considering and responding to feedback and complaints (if any) about the novelty of the plant variety registered for protection after the application is published.

The novelty of a plant variety registered for protection shall not be lost if within one year before the date of submitting the application, reproductive materials of that plant variety have been transferred by the applicant or a person authorized by the applicant for testing or trial production in Vietnam to serve the recognition of that plant variety according to regulations.

3. Appraisal of technical test results (Article 15):

Technical tests shall be conducted in any of the 04 following forms:

- Technical test conducted by a testing organization or individual designated by the Ministry of Agriculture and Rural Development;

- Technical test conducted by the application submitter;

- Using available technical test results supplied by the application submitter;

- Signing a contract with an organization or individual from a UPOV member country to conduct technical test or purchase available test results.

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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