Protection of Plant Variety under the Vietnam IP Law 2022: Required Documents and Examination | Protection of Plant Variety under the Vietnam IP Law 2022: Required Documents and Examination

Protection of Plant Variety under the Vietnam IP Law 2022:

Required Documents and Examination

Attorney Le Quang Vinh – Bross & Partners

A protectable plant variety must simultaneously satisfy 5 conditions: novelty, distinctiveness, uniformity, stability, and a suitable denomination. Below Bross & Partnes summarizes the requirements and examination of plant variety application at the Plant Variety Protection Office (PVPO) under the Department of Crop Production - Ministry of Agriculture and Rural Development according to Decree 79 /2023/ND-CP.

Eligibility for Registration

An entitled person who applies for plant variety protection registration (later becomes the stakeholder if granted) can be an individual or organization (including foreign individuals permanently residing in Vietnam, or foreign organizations whose commercial presence is producing and trading in plant varieties in Vietnam) in one of the following four types:

A breeder directly performs the work of selecting and breeding or discovering and developing a plant variety with his or her own efforts.
Individuals, organizations those who have invested in the selection and creation, or discovery and development of plant varieties through labor contracts or service contracts with breeders.
Individuals, organizations to whom the registration right has been transferred by the breeder - who is eligible to apply for registration, or transferred from who has inherited or inherits the right to register from the entitled breeder.
Organizations presiding over scientific and technological tasks in which funding for the selection and creation, or discovery and development of plant varieties comes from at least part of the State budget.

Foreign organizations, individuals who are not permanently residing in Vietnam are also eligible to apply provided that: (1) their registration application is submitted through a licensed plant variety representative service organization (eg. Bross & Partners); and (2) their nationality is of a member country of UPOV, or of any country that has signed an agreement with Vietnam on plant variety protection.

Required Documents

(a) Plant variety protection registration declaration (Form 01)

(b) Technical declaration (use the technical declaration form in the DUS Testing Document)

(d) Photo showing 3 typical traits of an applied-for plant variety (3 color photos, minimum size 9x15 cm)

In case the applicant is an assignee in the deed of assignment of the registration rights, or inherits the registration rights, it is necessary to additionally submit a deed of assignment, inheritance evidence, or other documents proving the inheritance). If priority is claimed, the applicant must submit a copy of the first application certified by the foreign registration authority.

Examination and Grant of Protection

An applied-for plant variety shall go through the following steps: formality examination, application publication, submission of DUS report and substantive examination, and issuance of protection certificate.

(a) Formality examination: PVPO evaluates the completeness of the plant variety protection registration dossier within 15 days from the date of submission before issuing a valid acceptance notice.

(b) Publication of application: PVPO publishes the validly accepted application on the Journal of Agriculture and Rural Development and the website of the Ministry of Agriculture and Rural Development within 90 days from the date of valid notification.

(c) DUS report submission substance examination: substantive examination against the plant variety protection application within 90 days from the date PVPO receives the DUS report. PVPO shall examine (i) assessing the novelty and appropriate name of the plant variety; and (ii) examination of technical testing results for plant varieties.

(d) Decision to grant protection: PVOP issues a decision to grant protection if no grounds for refusal are found and publishes the same on the Journal of Agriculture and Rural Development and the website of the Ministry of Agriculture and Rural Development within 60 days. from the date of Decision.

Bross & Partners, an intellectual property company ranked Tier 1 in 3 consecutive years (2020-2022) by Legal 500 Asia Pacific, has rich experience in resolving complicated IP disputes including trademarks, copyrights, patents, plant varieties in Vietnam and abroad.

Please contact: Vinh@bross.vn; mobile: 0903287057; Zalo: +84903287057; Skype: vinh.bross; Wechat: Vinhbross2603; linkedin: (4) Le Quang Vinh | LinkedIn.