Vietnam: Who is the lawful representative of an applicant for protection of plant variety rights?

According to Article 4 of Circular No. 16/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, the lawful representative of an applicant prescribed in Clause 2 Article 3 of the Decree No. 88/2010/NĐ-CP is:

- The legal representative or authorized representative of the applicant, or an organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a Vietnamese organization or individual;

- The manager of the representative office or branch in Vietnam, or the organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a foreign organization or individual that has an office or permanent residence in Vietnam, or has premises that produce and trade plant varieties in Vietnam;

- The organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a foreign organization or individual that does not has an office or permanent residence in Vietnam, or nor has premises that produce and trade plant varieties in Vietnam.

The legal representative of the applicant shall follow the procedure for the protection of plant varieties as prescribed by laws on authorization; the letter of authorization is made according to the form in Annex 1 of this Circular.

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE