Vietnam: Infringing elements of plant varieties

11:30, 31/12/2010

This is one of the contents amended by Decree No. 119/2010/NĐ-CP of Vietnam’s Government amending and supplementing a number of articles of Decree No. 105/2006/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property.

Xâm phạm giống cây trồng, Nghị định 119/2010/NĐ-CP

According to Clause 2 Article 1 of Decree No. 119/2010/NĐ-CP of Vietnam’s Government, this content is amended as follows:

An infringing element of a plant variety may take one of the following forms:

- Use of a propagative material of a protected plant variety to commit the acts specified in Clause 1, Article 186 of the Law on Intellectual Property of Vietnam without permission of the protection title holder;

- Use of a propagative material or any plant variety specified in Article 187 of the Law on Intellectual Property;

- Use of the name of a plant variety of the same species or a species close to the species of a protected plant variety that is identical or confusingly similar to the name of the protected plant variety;

- Points a and b of this Clause also apply to harvested materials if the protection title holder has no reasonable conditions for exercising his/ her rights to the propagative material of the same plant variety.

Thus, Decree No. 119/2010/NĐ-CP removed the phrase "sapling material" because the phrase "propagative material" already includes the meaning of the previous phrase. Having these two phrases appear at the same time is redundant.

View more details at: Decree No. 119/2010/NĐ-CP of Vietnam’s Government takes effect from February 20, 2011.

Nguyen Phu

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