Procedures for registering transfer of rights to protected plant varieties in Vietnam

Procedures for registering transfer of rights to protected plant varieties in Vietnam
Lê Trương Quốc Đạt

On November 15, 2023, the Government of Vietnam promulgated Decree No. 79/2023/ND-CP on guidelines for the Law on Intellectual Property regarding rights to plant varieties.

Procedures for registering transfer of rights to protected plant varieties in Vietnam  

According to the Decree, the procedures for registering transfer of rights to protected plant varieties are as follows: 

- After the conclusion of a transfer contract of rights to plant varieties according to laws, an application for transfer registration shall be submitted to the Ministry of Agriculture and Rural Development of Vietnam. The application includes: 

+ Statement on transfer registration following Form No. 18 enclosed with Decree No. 79/2023/ND-CP;

+ Certified copies of the transfer contract of rights to plant varieties. The contents of the contract shall be written in Vietnamese or translated to Vietnamese and each page must bear the confirmation signatures of concerned parties or an affixed seal;

+ Original copy of the Protection Title of the transferred plant varieties; 

+ Original copies of the written consents of co-owners of the plant varieties in case of co-ownership of such plant varieties. 

- Within 30 days after receiving the adequate application, the Ministry of Agriculture and Rural Development shall assess it. 

+ If the application is valid, the Ministry of Agriculture and Rural Development of Vietnam shall issue a written notification of the transfer of the ownership of the Protection Title of plant varieties, recognize the receiving party as the new owner of the Protection Title, update the information to the National Register, issue the Protection Title of plant varieties according to the recorded information on the transfer, and disclose such information on its web portal. 

+ If the application is invalid, the Ministry of Agriculture and Rural Development of Vietnam shall provide answers and explanations for the concerned organization or individual in writing. 

See more details in Decree No. 79/2023/ND-CP, effective as of November 15, 2023.  

The following documents expire as of November 15, 2023: 

- Decree No. 88/2010/ND-CP dated August 16, 2010; 

- Circular No. 16/2013/TT-BNNPTNT dated February 28, 2023; 

- Circular No. 03/2021/TT-BNNPTNT dated June 22, 2021. 

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