Vietnam: Plant variety protection certificate holders must pay a remuneration to the plant variety breeder

According to Article 24 of Decree No. 88/2010/NĐ-CP of Vietnam’s Government, a protection certificate holder must pay a remuneration to the plant variety breeder by any of the following modes:

- Under an agreement between them:

- If no agreement is reached, the remuneration paid to the breeder is 35% of the amount indicated in the contract on the assignment or transfer of rights to the plant variety, after paying all taxes, according to regulations. In case the protection certificate holder uses the protected plant variety for production or trading purposes, it/he/she shall pay to the breeder 10% of the obtained benefits, except for cases in which the protection certificate holder is the transferee;

- For a plant variety selected and bred or discovered and developed with state budget funds, the protection certificate holder shall pay a remuneration to the breeder according to an internal regulation. If the internal regulation contains no provision on payment of remuneration, Point b Clause 1 of this Article shall apply;

- For a plant variety selected by co-breeders, the remuneration level specified in Clause 1 of this Article is the level paid to all co-breeders. Co-breeders shall reach an agreement on the sharing of the remuneration amount paid by the protection certificate holder;

- The obligations to pay remuneration to plant variety breeders will exist throughout the term of protection of the plant varieties, except cases in which the protection plant varieties are transferred.

Besides, the protection certificate holder must pay a fee for maintaining the validity of the plant variety protection certificate to the plant variety protection agency within three (3) months after the grant of the protection certificate, for the first year of validity, or within the first month of the subsequent year of validity.

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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