TO SUPPLEMENT DOCUMENTS IN AN APPLICATION FOR PROTECTION OF PLANT VARIETY RIGHTS
The Ministry of Agriculture issues the Circular No. 03/2021/TT-BNNPTNT amending and supplementing a number of articles of the Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013 of the Minister of Agriculture and Rural Development on the protection of plant variety rights on June 22, 2021.
Specifically, to supplement documents in an application for protection of plant variety rights as follows: An application form for plant variety protection; A declaration of the distinctness, uniformity and stability testing techniques; A letter of authorization; Photos of the sample variety: at least 03 9cm x 15cm color photos which show 3 distinct characteristics of the variety to be registered; Documents proving the right to register; A document proving the priority, in cases where the application has a claim for priority; Documents evidencing payment of fees and charges.
Besides, a plant variety is considered no longer novel after 12 months from the date on which it is permitted for production and trading in Vietnam. Plant varieties for production and trading comprise officially recognized varieties; varieties whose names are included in the list of plant varieties permitted for production and trading in Vietnam; varieties issued with the recognition decision or privileged circulation recognition; varieties whose circulation is self-declared and published on the website of the Departent of Plant Production.
Before issuing the plant variety protection title, the applicant is entitled to amend and supplement the application for protection in the following cases: Amending and supplementing the application without changing its nature: a spelling error in the name or address of the applicant, owner or author of the plant variety or name of the plant variety; Changing name and address of the applicant, owner or author of the plant variety with legal grounds; Changing name and address of the applicant at the owner's request, changing name or address of the owner or author of the plant variety due to transfer of the application under a contract or through inheritance.
This Circular takes effect on August 06, 2021.
