COUNTRY : SOCIALIST REPUBLIC OF VIETNAM
CAPITAL : HANOI
LANGUAGE : VIETNAMESE
INTERNATIONAL TREATIES TO WHICH VIETNAM IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Vietnam are protected by:
- New Plant Variety Protection – Law No. 50 / 2005
- Seed Ordinance – 15 / 2004
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVP Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVP Act does not protect new varieties if the denomination given to such variety which:
- Consists solely of numbers.
- Is misleading or confusing regarding features, characteristics and identity of the breeders .
- Is contrary to public policy, morality and social ethics.
- Is not distinct from the existing variety of the same plant species.
- Is confusingly identical and similar to trade marks, names, GI protected prior to registration of such varieties.
- Are likely to affect prior rights of other organisations and individuals.ParityPatents Law Firms through its Attorney and Law Firms in Vietnam is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Persons claiming to be Breeders
- Successors in-interest,
- Assignees & Inheritors of the variety
- Organisations and Individuals funding breeders select, discover, develop plant varieties may seek protection for their plant varieties.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PVP to contain the following requisites:
- A set form containing photos, technical declarations, power of attorney if filed through a representative, priority details if any, voucher for payment of fees, along with name and address of the applicant.
- One application to contain one plant variety only
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- Upon application being compliant, it is published in the special magazine on plant varieties.
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration. Application is then substantially examined for the following:
- Novelty and Denomination of the variety . Examination of the technical results of the plant variety
- In the event there is no objection or objection overcome, the application is registered and plant variety protection granted.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 25 years from the date of grant of registration – for timber trees.
- 20 years from the date of grant of registration – for all other types.
Owners of the registered plant variety may:
- Conduct production and propagation of the plant variety
- Process the plant variety for the purposes of propagation
- Offer the plant variety for sale
- Sell and Market the plant variety
- Export and Import the plant variety
- Stock the plant variety to carry out all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances:
- The registered plant variety is to be used for public interest and non –commercial uses towards national defence, security, food and nutrition targets and other social needs.
- Owner of the plant variety having indulged in anti competitive practises thereby adversely affecting the market
- Unable to reach a satisfactory agreement with interested people regarding the registered plant variety within a reasonable period of time regarding satisfactory prices and commercial conditions.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Vietnam, can assist you comprehensively with PBR Compulsory Licence matters.