Procedure for validity termination of protection titles of plant varieties according to requests from organizations and individuals in Vietnam

Procedure for validity termination of protection titles of plant varieties according to requests from organizations and individuals in Vietnam
Dương Châu Thanh

On November 22, 2023, the Ministry of Agriculture and Rural Development of Vietnam promulgated Decision No. 4953/QD-BNN-TT on the disclosure of new and replaced administrative procedures in cultivation under its management.

Procedure for validity termination of protection titles of plant varieties according to requests from organizations and individuals in Vietnam 

According to the Decision, guidelines on the procedure for validity termination of protection titles of plant varieties according to requests from organizations and individuals are as follows: 

**Regarding implementation orders: 

- Step 1: Any organization or individual that disagrees with one of the cases prescribed in Clause 1 Article 171 of the Law on Intellectual Property 2005 shall submit an application to the Ministry of Agriculture and Rural Development of Vietnam.

- Step 2: Answers to the sufficiency of the components of the application 

+ If the application is submitted in person: the Ministry of Agriculture and Rural Development of Vietnam shall inspect and immediately provide answers to the sufficiency of the components of the application; 

+ If the application is submitted through a postal service: within 3 working days from the receipt of the application, the Ministry of Agriculture and Rural Development of Vietnam shall assess the sufficiency of the components of the application and provide a written notification to the concerned organization or individual in case the application is insufficient as per regulation;

+ If the application is submitted through electronic means: within 1 working day from the receipt of the application, the Ministry of Agriculture and Rural Development of Vietnam shall assess the sufficiency of the components of the application and provide a written notification to the concerned organization or individual in case the application is insufficient as per regulation; 

- Step 3: Application assessment and return of results 

Within 30 days from the receipt of the sufficient application, the Ministry of Agriculture and Rural Development of Vietnam shall assess and provide notifications for the owner of the protection title of plant varieties. 

+ In case reason specified in the request for the termination of the validity of the protection title is that the application for registration of the protection of plant varieties is carried out by a person incompetent to register or the protected plant varieties fail to meet the novel requirements at the time of issuance of the protection title or if the objection of a third party has sufficient legal grounds, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision to terminate the validity of the related protection title of plant varieties.  If the objection of the third party does not have insufficient legal grounds, the Ministry of Agriculture and Rural Development of Vietnam shall answer and explain in writing. 

+ In case the reason for the request for the termination of the validity of the protection title is that the protected plant varieties fail to meet the distinctive requirements at the time of issuance of the protection title or the protection titles fail to meet the requirements for synchronicity or stability at the time of issuance of the protection title based on the testing results performed by the by applicant, the Ministry of Agriculture and Rural Development of Vietnam shall organize testing for the re-assessment of the distinction or synchronicity or stability of the related plant varieties. 

Within 12 days after receiving the testing results, the Ministry of Agriculture and Rural Development of Vietnam shall begin the assessment. If the objection of the third party has sufficient legal grounds, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision to terminate the validity of the related protection title of plant varieties. If the objection of the third party has insufficient legal grounds, the Ministry of Agriculture and Rural Development of Vietnam shall answer and explain in writing. 

- Step 4: A decision to terminate the validity of the related protection title of plant varieties shall be posted on the Agriculture and Rural Development Magazine and the web portal of the Ministry of Agriculture and Rural Development of Vietnam within 60 days from its issuance date. 

See more details in Decision No. 4953/QD-BNN-TT dated November 22, 2023. 

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