Cases of revocation of practicing certificates of plant variety right representation services in Vietnam

Cases of revocation of practicing certificates of plant variety right representation services in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Regulations on issuance of practicing certificates of plant variety right representation services in Vietnam

Specifically, Article 28 of Decree 79/2023/ND-CP stipulates the issuance of practicing certificates of plant variety right representation services as follows:

- Individuals meeting conditions for issuance of practicing certificates of right representation prescribed in Clause 66 Article 1 of the Law on Amendments to the Law on Intellectual Property 2022 shall submit applications to the Ministry of Agriculture and Rural Development of Vietnam. An application includes:

+ Application requesting the issuance of the practicing certificate of plant variety right representation following Form No. 26 enclosed with Decree 79/2023/ND-CP;

+ Copies of the certificate of qualifications at the professional plant variety right representation exam;

+ 2 photos sized 3 x 4 (cm).

- Within 12 days after receiving the adequate application, the Ministry of Agriculture and Rural Development of Vietnam shall assess it.

+ If the application is valid, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision, issue the practicing certificate of plant variety right representation services following Form No. 27 enclosed with Decree 79/2023/ND-CP, return the results, and disclose the 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 applicant in writing.

Cases of revocation of practicing certificates of plant variety right representation services in Vietnam

According to Clause 1, Article 30 of Decree 79/2023/ND-CP, a person with an issued practicing certificate of plant variety right representation services shall have his/her certificate revoked in the following cases:

- He/she terminates the operation of plant variety right representation;

- He/she no longer meets the conditions for the issuance of the practicing certificate of plant variety right representation services prescribed in Clause 66 Article 1 of the Law on Amendments to the Law on Intellectual Property 2022;

- He/she fails to perform the responsibility for right representation prescribed in Clause 66 Article 1 of the Law on Amendments to the Law on Intellectual Property 2022 or Clause 2 Article 25 of Decree 79/2023/ND-CP;

- He/she commits a severe violation during plant variety right representation;

- He/she takes advantage of plant variety right representation to engage in operations outside of the scope of plant variety right representation services prescribed in Clause 1 Article 25 of Decree 79/2023/ND-CP;

- Other cases subject to compulsory revocation as prescribed by laws.

When there are grounds backing for the revocation of the practicing certificate, within 15 days, the Ministry of Agriculture and Rural Development of Vietnam shall issue a decision to revoke the practicing certificate of plant variety right representation services and disclose the information on its web portal.

Scope of rights of plant variety right representatives in Vietnam

Scope of rights of plant variety right representatives is determined as follows:

- A plant variety right representation service provider shall only carry out its services within the authorized scope and may authorize another plant variety right representation service provider with the written consent of the authorizing person.

- A plant variety right representation service provider shall:

+ Not simultaneously represent parties in dispute over the rights to a plant variety;

+ Not withdraw the request for the issuance of a protection title, declare a waiver of protection, or withdraw a complaint regarding the establishment of rights to a plant variety without the permission of the authorizing party;

+ Not deceive or force its clients in the conclusion and implementation of contracts of plant variety right representation services;

+ Not use or disclose information on protection registration applications undisclosed by the Ministry of Agriculture and Rural Development of Vietnam

(Article 25 of Decree 79/2023/ND-CP)

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