What are plant varieties? Regulation on names of plant varieties in Vietnam

What are plant varieties? Regulation on names of plant varieties in Vietnam (Source: Internet)

1. What is a plant variety?

According to Clause 5, Article 2 of the Law on Crop Production 2018, plant variety means a population of plants that can be distinguished from other populations of plants through the expression of at least one trait which is passed to the next;

Plant variety is uniform in morphological characteristics and stable over the cycle of propagation; has the value for cultivation or use; includes agricultural plant varieties, medicinal plant varieties, ornamental plant varieties and edible mushroom varieties.

2. Regulation on names of plant varieties in Vietnam

Names of plant varieties according to Article 14 of the Law on Crop Production 2018 are as follows:

- The name of a plant variety shall not be accepted in the following cases:

+ The name includes numerals only;

+ The name violates historical, cultural, moral traditions, national customs and values.

+ The name is read or written the same as the name of a national leader, hero/heroine, celebrity, a food, beverage or pharmaceutical;

+ The name of a state agency, a people's armed force unit, political organization, socio-political organization, socio-political-professional organization, social organization, socio-professional organization is used to make a part or the whole of the name of a plant variety, unless otherwise approved by concerned agencies, organizations or units;

+ The name easily causes mistakes about the particulars or characteristics of that plant variety;

+ The name easily causes mistakes about the author’s name;

+ The name is the same as the name of the patented plant variety.

- Organizations and individuals trading plant variety propagating materials must use the plant variety’s name obtaining the decision on recognition of circulation of plant varieties or permission for self-declaration of circulation of plant varieties.

- In order for the name of a plant variety to be used in combination with a brand name, trade name or indications similar to a name of the plant variety recognized for circulation or declared for circulation for production and trading purposes, the name must be easily identifiable.

3. General requirements concerning recognition of circulation and self-declaration of circulation of plant varieties in Vietnam

General requirements concerning recognition of circulation and self-declaration of circulation of plant varieties under Article 13 of the Law on Crop Production 2018 are as follows:

- Plant varieties belonging to the main plant species may be produced, traded, exported or imported only after being granted the decision on recognition of plant variety circulation as provided for in Article 15 of Law on Crop Production 2018;

Or granted the Decision on recognition of privileged circulation of plant varieties as provided for in Article 16 of Law on Crop Production 2018, except in the case where plant varieties are intended for research, trial, exhibition, international exchange or production of hybrid seeds for export.

2. Plant varieties not belonging to the main plant species may be produced, traded, exported or imported only if breeding organizations or individuals are granted permission for self-declaration of circulation of plant varieties as provided for in Article 17 of Law on Crop Production 2018, except in the case where plant varieties are intended for research, trial, advertisement, exhibition, international exchange or production of hybrid seeds for export.

In case where organizations and individuals wish to apply for the decision on recognition of circulation of plant varieties, they must comply with the provisions of Article 15 of Law on Crop Production 2018; or if they wish to apply for the decisions on recognition of the privileged circulation of plant varieties, they must comply with the provisions of Article 16 of Law on Crop Production 2018

- Both Vietnamese and foreign organizations and individuals whose representative offices or branches are operating in the crop variety sector in Vietnam shall have the right to submit applications bearing their names for decisions on recognition of circulation or permission for self-declaration of circulation of plant varieties.

- The grant of the decision on recognition of circulation of plant varieties shall be effected concurrently with the grant of the plant variety patent if organizations and individuals applying for recognition of circulation of plant varieties under their own names make their requests and satisfy the requirements concerning the protection of plant varieties in accordance with the law on intellectual property.

- Plant varieties belonging to the main plant species must be tested by accredited independent testing bodies (hereinafter referred to as plant variety testing body or bodies) before granting or extending the decision on recognition of circulation of plant varieties,

Except in the case where plant varieties are granted the decision on recognition of privileged circulation of plant varieties as stipulated in Article 16 of Law on Crop Production 2018.

Ornamental plant varieties belonging to the main plant species must be trialed in accordance with clause 2 of Article 18 of Law on Crop Production 2018.

- Over periods of time, the Minister of Agriculture and Rural Development shall promulgate and amend the Nomenclature of main crops.

Quoc Dat

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