Procedures for plant variety protection registration in Vietnam

Procedures for plant variety protection registration in Vietnam (Internet image) 

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

1. Application for registration of plant variety protection in Vietnam

An application for registration of plant variety protection includes:

- Statement on registration of plant variety protection following Form No. 01 enclosed with Decree 79/2023/ND-CP. Each page shall bear the signatures of concerned parties or an affixed seal;

- Technical statement

If the registered variety is subject to a plant variety included in the DUS testing documents: use the form of technical statement prescribed in such DUS testing documents;

If the registered variety is subject to a plant variety not included in the DUS testing documents or the DUS testing documents do not have any information on the technical statement: use the technical statement following Form No. 02 enclosed with Decree 79/2023/ND-CP;

- Original or certified copies of the authorizing document in case of submitting the application through a provider of right representation services; the content of the authorizing document includes: the authorizing party, the authorized party, authorization scope, and authorization period;

- Photos displaying 3 characteristics of the registered variety: at least 3 colored photos with a minimum size of 9 x 15 cm;

- Certified copies of documents proving registration rights if the applicant is subject to a transfer of registration rights or inherits the registration rights (contract of transfer of registration rights, documents on inheritance or equivalent documents), documents proving nationality or permanent residence or facilities of production and business in one of the member nations of UPOV;

- Documents proving priority rights if the application requests for priority rights according to Clause 1 Article 167 of the Law on Intellectual Property 2005 include: copies of documents on the first-time application confirmed by the plant variety protection authority at a nation where the first-time submission takes place, samples or evidence confirming that the plant variety in two applications is the same and certified copies of the transfer contract or inheritance of priority rights (if any). Documents proving priority rights shall be provided within 90 days from the submission of the application for protection registration.

(Clause 1 of Article 6 of Decree 79/2023/ND-CP)

2. Cases of invalidity of the applications for plant variety protection in Vietnam

Form assessment means the inspection of the validity of the applications for plant variety protection. An application is invalid when:

- The information in documents prescribed in Clause 1 of this Article is insufficient or inappropriate to Articles 159, 163, and 164 of the Law on Intellectual Property, amended by Clauses 65, 66, and 82 of the Law on Amendments to the Law on Intellectual Property 2022;

- Documents prescribed in Points c, dd, and e Clause 1 of Article 6 of Decree 79/2023/ND-CP are not translated into Vietnamese at the request of the Ministry of Agriculture and Rural Development of Vietnam;

- Documents in the application are erased, torn, or faded to the point of being unreadable;

- Valid copies of related documents are missing;

- The application is submitted by an incompetent person; the registration rights belong to many organizations and individuals, but mutual consent is unavailable.

(Clause 2 of Article 6 of Decree 79/2023/ND-CP)

3. Procedures for processing applications for plant variety protection registration in Vietnam

Within 15 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 notification of acceptance of the application according to Form No. 03 enclosed with Decree 79/2023/ND-CP, return the results to the applicant, and disclose the notification in the Agriculture and Rural Development Magazine and on its web portal within 90 days from the notification date.

- If the application is invalid, the Ministry of Agriculture and Rural Development of Vietnam shall provide a notification and specific reasons for the applicant to complete the application. Within 30 days after receiving the mentioned notification, the applicant shall rectify the deficiencies of the application and submit it to the Ministry of Agriculture and Rural Development of Vietnam.

Within 7 working days after receiving the amended application, the Ministry of Agriculture and Rural Development of Vietnam shall assess and issue a notification of acceptance of the application according to Point a Clause 2 of Article 6 of Decree 79/2023/ND-CP or refuse to accept the application and provide specific reasons.

- If the application is invalid or the applicant fails to rectify the deficiencies within the time lime and is determined to no longer wish to continue applying, the Ministry of Agriculture and Rural Development of Vietnam shall issue a notification of refusing the application with specific reasons.

(Clause 3 of Article 6 of Decree 79/2023/ND-CP)

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