Plant variety protection title in Vietnam

Plant variety right is a part of intellectual property rights. The owner of a plant variety protection title is the person who owns the rights to a new plant variety that they have chosen, created, discovered, and developed or enjoys ownership rights. Rights to plant varieties are established based on the decision to grant a protection title according to registration procedures at a competent authority. In the article below, Viet An law firm will provide customers with information related to plant variety protection title in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 2022;
• Decree 79/2023/ND-CP details several articles and measures to implement Intellectual Property law on rights to plant varieties.

General conditions for protected plant varieties

Pursuant to Article 158 of the Intellectual Property Law as amended and supplemented by Clause 64, Article 1 of the Intellectual Property Law amended in 2022, protected plant varieties are plant varieties that are selected, bred or discovered, and developed, which must contain:

• Novelty;
• Distinctiveness;
• Uniformity;
• Stability;
• Designated by proper denominations.

Overview on plant variety protection title in Vietnam

According to the provisions of the Intellectual Property Law, a protection title is a document issued by a competent state agency to organizations and individuals to establish industrial property rights over patents, industrial designs, layout designs, trademarks, geographical indications; and rights to plant varieties.

Rights to plant varieties are established based on the decision to grant a plant variety protection title by a competent state agency according to the registration procedures prescribed in the Intellectual Property Law and guiding documents.

• According to the provisions of Clause 2, Article 168 of the Intellectual Property Law 2005, as amended and supplemented at Point k, Clause 82, Article 1 of the Intellectual Property Law 2022, the plant variety protection title takes effect from this date on for up to 25 years for woody plants and woody climbers; up to 20 years for other plant varieties.
• In addition, plant variety protection titles are valid throughout the territory of Vietnam and can be suspended or annulled in some specific cases as prescribed by law.

Regulations on granting plant variety protection title in Vietnam

According to Article 11 of Decree 79/2023/ND-CP, the granting of plant variety protection titles from November 15, 2023, is prescribed as follows:

• In case the registered variety is subject to DUS testing according to the provisions of Points a and b, Clause 2, Article 8 of Decree 79/2023/ND-CP, the organization or individual performing the testing shall submit the original DUS Testing Results Report as prescribed in form No. 08 issued with Decree 79/2023/ND-CP to the Ministry of Agriculture and Rural Development within 90 days from the date of completion of the DUS T
• In the case of using DUS Testing Results as prescribed in Point c, Clause 2, Article 8 of Decree 79/2023/ND-CP, the Ministry of Agriculture and Rural Development receives the DUS testing report directly from the protection agency. plant varieties of UPOV member countries or countries cooperating with Vietnam on plant variety protection.
• Report on DUS testing results to issue a decision to recognize the circulation of plant varieties used in granting plant variety protection titles if the distinctiveness of the registered variety compared to the widely known plant variety at this filing time is guaranteed.

Within 90 days from the date of receipt of the DUS Testing Results Report, the Ministry of Agriculture and Rural Development shall conduct a content appraisal according to the provisions of Clause 1, Article 178 of the Intellectual Property Law:

• In case the registered variety ensures distinctiveness, uniformity and stability, and the protection registration application meets the conditions specified in Article 176 and Point a, Clause 1, Article 178 of the Intellectual Property Law, the Ministry Agriculture and Rural Development issues the Decision to grant plant variety protection titles according to the provisions of Form No. 09 and Form No. 10 issued together with Decree 79/2023/ND-CP; return results to applicants; published in the Journal of Agriculture and Rural Development and the Electronic Information Portal of the Ministry of Agriculture and Rural Development within 60 days from the date of decision;
• In case the registered variety does not ensure distinctiveness, uniformity, or stability or the registration application does not meet one of the conditions specified in Clause 2, Article 176 and Point a, Clause 1, Article 178 of the Intellectual Property Law 2005, the Ministry of Agriculture and Rural Development announced in writing its intention to refuse to grant a plant variety protection title to the applicant and clearly stated the reason, setting 30 days for the applicant to correct the deficiency. omissions or objections to the intended refusal.

In case the applicant corrects the shortcomings or has a valid objection to the intended refusal. The Ministry of Agriculture and Rural Development grants plant variety protection titles;

Note: A plant variety protection title is only issued once.

Plant variety protection title in Vietnam

According to Article 168 of the Intellectual Property Law, plant variety protection titles and the National Register of protected plant varieties are prescribed as follows:

• The plant variety protection title records the name of the variety and plant species, the name of the owner of the rights to the plant variety, the name of the author of the plant variety, and the term of protection of the rights to the plant variety;
• The state management agency for plant variety rights records the granting of protection titles and the contents of protection titles in the National Register of protected plant varieties and stores that information.

Effect of plant variety protection title

• Regarding territorial scope, plant variety protection titles are valid throughout the territory of Vietnam.
• Regarding the scope of time, the plant variety protection title is valid from the date of issue until the end of twenty-five (25) years for woody plant varieties and woody climbing plants; and up to twenty years (20) for other plant varieties.

Note:

• Plant variety protection titles may be suspended or invalidated according to the provisions of Articles 170 and 171 of the Intellectual Property Law in cases where the protection conditions are no longer met or the protection title holder violates regulations on plant variety protection procedures.
• Decisions related to the issuance, re-issuance, suspension, cancellation, and modification of plant variety protection titles are published by the state management agency in charge of plant variety rights in specialized journals on plant varieties within sixty (60) days from the date of the decision.

Amending and reissuing plant variety protection title in Vietnam

According to Article 12 of Decree 79/2023/ND-CP, the amendment, and re-issuance of plant variety protection titles are regulated as follows:

Dossier components

The owner of a protection title who requests to amend or re-issue a plant variety protection title shall apply to the Ministry of Agriculture and Rural Development. The application includes:

• Declaration requesting amendment and re-issuance of plant variety protection title according to the provisions in Form No. 11 issued with Decree 79/2023/ND-CP;
• Certified copies of legal documents proving the change of name, address, or address of the owner of the plant variety protection title or errors related to the name and address of the protection title owner;
• Original copy of plant variety protection title (except in case of loss).

Executive timeline

Within 12 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development will evaluate the dossier:

• If the application is valid, the Ministry of Agriculture and Rural Development will issue a Decision to amend and re-issue the plant variety protection title, re-issue the certificate to the applicant, and post it to the Journal of Agriculture and Rural Development and Electronic Information Portal of this Ministry within 60 days from the date of issuance of the Decision;
• The amended or re-issued plant variety protection title must retain the same license number and clearly state the content “re-issued” in the lower left corner of the protection title;
• In case the dossier is invalid, the Ministry of Agriculture and Rural Development will respond in writing to the protection title owner and clearly state the reason.

Above is an article about the content of plant variety protection title in Vietnam. If you have any related questions, please contact Viet An Law Firm to receive quick and timely support. Best regards!