Plant variety protection

1. The legal basis:

– Intellectual Property Law (No. 50/2005/QH11 of November 29, 2005); supplemented and amended under Law No. 36/2009/QH12 of June 19, 2009;

– Decrees No 104/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Vietnam IP law on plant variety protection;

– Decision No 11/2008/QD-BTC of February 19, 2008, formulating regulations on the collection, management and uses of fees, charges in plant variety;

– Decision No 16/2008/QD-BNN of January 28, 2008, stipulating the function, tasks, authority and organizations structure of the Crop production department;

– Circular No 33/2009/TT-BNN of June 10, 2009, supplementing plants on the list of plant variety protection.

2. Requisite documents:

– Application form;

– Photos/technical specification on the stipulated form;

– Documents proving the registration right (if the applicant is an assignee of the registration right);

– Documents proving the priority right (if priority is claimed);

– Other supporting documents (if any).