Vietnam: What are included in documents in the application for registration for the protection of rights to plant varieties?

The documents in the application for registration for the protection of rights to plant varieties specified in Article 174 of Law on Intellectual Property 2005 of Vietnam and Article 8 of Decree No. 88/2010/NĐ-CP include:

- The written application for protection of plant varieties according to the template in Annex 5 of Circular No. 16/2013/TT-BNNPTNT;

- The declaration of the distinctness, uniformity and stability testing techniques (DUS testing) according to the templates in the regulation on DUS testing of each kind of plant;

- The photocopies of the receipts, or the fax of the papers proving that money has been transferred to the account of the Department of Crop production;

- The letter of authorization according to Annex 1 of Circular No. 16/2013/TT-BNNPTNT (if the application is submitted by the representative);

- At least 3 pictures of the variety that demonstrates its 3 distinct characteristics, size 9 cm x 15 cm;

The Notice of the acceptance of the application for the protection of plant varieties according to the template in Annex 6 of Circular No. 16/2013/TT-BNNPTNT.

The Director of the Department of Crop production shall decide the issuance of the patent and the Certificate of Registration of contract to transfer plant variety rights when the patent is transferred.

Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam also stipulates delegating the submission of the application for protection as follows:

- If the owner of a plant variety has not applied for the protection after transferring his ownership to another organization or individual as prescribed by law, the transferee may apply for the protection as prescribed.

- The application shall be enclosed with the documents specified in Clause 1 Article 9 of this Circular, together with the document proving the right to submit the application, being the contract to transfer the ownership of that variety (the original or authenticated copy) in Vietnamese or translated into Vietnamese. Each page must be countersigned by both parties, or bear a seal.

View full text at Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, effective from April 13, 2013.

Thu Ba

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