Vietnam: What are details of a contract on the assignment of rights to a protected plant variety?

10:20, 20/08/2010

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.

chuyển nhượng quyền đối với giống cây trồng được bảo hộ, Nghị định 88/2010/NĐ-CP

According to Article 25 of Decree No. 88/2010/NĐ-CP of Vietnam’s Government, a contract on the assignment of rights to a protected plant variety has the following details:

- Full names and addresses of the assigner and the assignee:

- Grounds for the assignment;

- Contents of the assignment of rights to the plant variety;

- The assignment price and mode of payment:

- Rights and obligations of the assignor and assignee;

- Liabilities for breaches of the contract.

After finalizing a contract on the assignment of rights to a plant variety in accordance with law, the assignor shall submit a dossier of registration for the assignment contract to the plant variety protection agency and pay a fee according to regulations. A dossier of registration for a contract on the assignment of rights to a plant variety comprises:

- Two registration declaration forms, made according to a set form;

- Two original or lawful copies of the contract. Contracts must be made in Vietnamese or translated into Vietnamese, bearing the signatures of involved parties on each page or a seal on every two adjoining pages;

- The original or a lawful copy of the protection certificate;

- The written consent of co-owners, for plant varieties under joint ownership:

- Charge and fee payment documents.

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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