Protected plant variety means a plant variety that has been selected, created or discovered and developed, on the list of plant species protected by the State promulgated by the Ministry of Agriculture and Rural Development, with novelty, distinctiveness. , uniformity, stability and proper name, etc.
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KEY CONTENT
1. Regulations on protection of plant varieties
2. Conditions for plant varieties
3. Procedures for plant variety protection
4. Receipt of protection applications
5. Formal examination of the protection registration application
6. Publication of application for protection
7. Examination of the contents of a protection registration application
8. Amendment and supplementation of protection registration applications
9. Withdrawal of protection application
1. Regulations on protection of plant varieties
Protected plant variety means a plant variety that has been selected, created or discovered and developed, on the list of plant species protected by the State promulgated by the Ministry of Agriculture and Rural Development, with novelty, distinctiveness, uniformity, stability and proper name.
2. Conditions for plant varieties
Protected plant varieties must be plant varieties that have been selected or discovered and developed, which must be on the List of protected plant species promulgated by the Ministry of Agriculture and Rural Development and ensure the following conditions:
- Novel
- Distinctive
- Suitable name
3. Procedures for registration of plant variety protection
Procedures for registration of plant variety protection shall comply with the following provisions:
Pursuant to Article 174 of the Intellectual Property Law, the application for registration of supplementary plant variety registration is as follows:
- Prescribed registration form;
- Photographs, technical declarations according to the prescribed form;
- Power of Attorney, if the application is filed through a representative;
- Documents proving the registration right, if the registrant is the person to whom the right of registration is transferred;
- Documents proving the right of priority, if the application has a claim for priority right;
- Proof of payment of fees and charges.
Đơn đăng ký bảo hộ và các giấy tờ giao dịch giữa người đăng ký và cơ quan quản lý nhà nước về quyền đối với giống cây trồng phải được làm bằng tiếng Việt, trừ các tài liệu sau đây có thể được làm bằng ngôn ngữ khác nhưng phải được dịch ra tiếng Việt khi cơ quan quản lý nhà nước về quyền đối với giống cây trồng yêu cầu:The protection registration application and transaction documents between the registrant and the state management agency in charge of plant variety rights must be made in Vietnamese, except for the following documents which may be made in another language: but must be translated into Vietnamese when requested by the state management agency in charge of rights to plant varieties:
- Power of Attorney
- Authorization letter;
- Documents proving registration right;
- Documents proving the priority right (Copies of the application or the first applications certified by the receiving agency;
- Certificate of transfer, inheritance or inheritance of priority right, if such right is enjoyed from another person)
A protection registration application will only be received by the state management agency in charge of rights to plant varieties when there are sufficient prescribed documents. The filing date is the date the application is received by the state management agency in charge of rights to plant varieties.
5. Formal examination of the protection registration application
It is up to Article 176 of the Law on Intellectual Property
6. Publication of application for protection
- In case the application is valid, the state management agency in charge of rights to plant varieties shall publish the valid application in a specialized journal on plant varieties within ninety days from the date the application is accepted.
- Contents of application announcement include application number, filing date, representative (if any), registrant, owner, name of plant variety, name of plant species, date accepted a valid application.
7. Examination of the content of a protection registration application
- The state management agency in charge of rights to plant varieties conducts substantive examination of the accepted application as valid. The content of the assessment includes:
- Evaluation of novelty and appropriate names of plant varieties;
- Evaluation of technical test results for plant varieties.
- Technical testing is the conduct of experiments to determine the distinctness, uniformity and stability of plant varieties. The technical testing shall be conducted by competent state agencies or organizations and individuals capable of conducting plant variety testing according to regulations of the Ministry of Agriculture and Rural Development. The state management agency in charge of the rights to plant varieties may use the results of technical testing previously available.
- The time limit for appraising technical testing results is 90 days from the date of receiving technical testing results.
8. Amendment and supplementation of application for protection registration
- Before the state management agency in charge of rights to plant varieties issues a notice of refusal to grant a plant variety protection certificate or a decision to grant a plant variety protection certificate, the registrant has the following rights:
- To amend and supplement the application but must not change the nature of the protection registration application;
- To request to record changes in the name and address of the registrant;
- To request to record change of registrant due to transfer of application under contract or inheritance or inheritance;
- Persons requesting to carry out the procedures specified in Clause 1, Article 179 of the Intellectual Property Law must pay fees and charges.
9. Withdrawal of application for protection
Before the state management agency in charge of plant variety rights decides to grant or refuse to grant a plant variety protection certificate, the registrant has the right to withdraw the protection registration application. The request for withdrawal must be made in writing.
From the time the registrant withdraws the protection application, all subsequent procedures related to that application are terminated; fees and charges paid in connection with procedures that have not yet commenced will be refunded upon request of the registrant.
Above is the content of Instructions on registration procedures for plant variety protection Thinh Tri Law Firm sent to readers. If you have any questions, please contact our hotline 1800 6365!
