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).

3. Services

– Providing advised on registrability of plant variety;

– Providing advices and information of plant varieties, plant variety protection, information of this field in Vietnam and abroad;

– Competing the dossier for plant variety protection;
– Filing application for protection of plant variety;

– Providing advised on validity of Protection Certificate of Pant Variety;

– Handling disputes relating to plant variety

– Representing clients in filing appeal/opposition to the decision of the Office for Plant Variety Protection;

–  Providing advices and representing clients in filing request for protection of new plant variety abroad.