Latest application form for plant variety protection 2024

Filling out a correct and standard application form for plant variety protection is a time-saving solution for plant variety protection registrants. Filling in the content is not simply a matter of correctness, but also a matter of practical experience so that the profile is not modified or supplemented. Follow Long Phan’s instructions below for good tips when preparing plant variety protection registration documents.

Conditions for plant variety protection according to Vietnamese law

According to Article 158 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), plant varieties are protected under Vietnamese law when they meet the following conditions:

• Plant varieties must be selectively created or discovered and developed.
• Plant varieties need to be new.
• Distinctiveness.
• Uniformity.
• Stability.
• Has a suitable name.

Application for registration of plant variety protection according to the latest form 2024

The latest application form for plant variety protection in 2024 complies with Form No. 01 of Decree 79/2023/ND-CP in the Appendix issued with Decree 79/2023/ND-CP. This form includes basic information about the plant species name, plant variety name, and the person registering as the owner when the Certificate is issued.

The exact name of the Plant Variety Protection Registration Application is Plant Variety Protection Registration Declaration.

>>> Download: Form No. 01 Decree 79/2023/ND-CP in Appendix.

In addition to the Plant Variety Protection Registration Declaration, the applicant needs to prepare a full set of documents according to Clause 1, Article 6 of Decree 79/2023/ND-CP, the plant variety protection registration application includes the following documents. :

• 01 Technical declaration detailing the characteristics of the registered plant variety according to Form No. 02 – Technical declaration (for species that do not have DUS testing documents).
• Authorization document (original or certified copy) when applying through a representative.
• Photos showing 3 typical traits of the breed, at least 3 color photos sized 9x15cm.
• 01 Document proving registered rights when transferring or inheriting rights.
• 01 Copy of documents proving registration conditions according to regulations. These documents need to be translated into Vietnamese and authenticated.
• 01 Document proving priority rights, if any, including a certified copy of the first registration application, evidence of the uniformity of the variety.

Procedures for appraisal application form for plant variety protection

Steps to appraisal a plant variety protection application

According to Clause 2 and Clause 3, Article 6 of Decree 79/2023/ND-CP, the application appraisal process includes the following steps:

Step 1: Submit profile

• Organizations and individuals submit applications directly, by post or electronically to the Ministry of Agriculture and Rural Development.
• Applications can be submitted in person, sent by post or submitted online.

Step 2: Answer the completeness of the profile components

• In case of direct submission: The Ministry of Agriculture and Rural Development checks and immediately responds to the completeness of the application documents;
• In case of submitting application via postal service: Within no more than 03 working days from the date of receiving the application, the Ministry of Agriculture and Rural Development reviews the completeness of the application; In case the dossier is not complete as prescribed, notify the organization or individual in writing;
• In case of online application submission: Within no more than 01 working day from the date of receipt of the application, the Ministry of Agriculture and Rural Development reviews the completeness of the application components; In case the dossier is not complete according to regulations, notify the organization or individual.

Step 3: Evaluate documents and return results

Within 15 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development shall appraise the form of the Plant Variety Protection Registration Application.

In case the application is valid:

• The Ministry of Agriculture and Rural Development issues a Notice of acceptance of applications according to the provisions in Form No. 03 issued with this Decree,
• Return results to registrants,
• Post the notice on the Agriculture and Rural Development Magazine and the Electronic Information Portal of the Ministry of Agriculture and Rural Development within 90 days from the date of issuance of the Notice.

In case the Registration Application is not valid:

• The Ministry of Agriculture and Rural Development shall notify and clearly state the reason for the registrant to complete.
• Within 30 days from the date of receipt of notice of completion of the Application, the registrant must correct any shortcomings and submit it to the Ministry of Agriculture and Rural Development.
• Within 07 working days from the date of receiving the additional dossier, the Ministry of Agriculture and Rural Development evaluates and issues a Notice of acceptance of the application.
• If you refuse to accept the application, clearly state the reason.

In case the Registration Application is invalid or the registrant does not correct the shortcomings within the required time limit and it is determined that there is no need to continue submitting the Application, the Ministry of Agriculture and Rural Development shall issue a Notice of Rejection. accept the application and clearly state the reasons.

In case there is a claim for priority rights: Documents proving this priority right are provided within 90 days from the date of filing the protection application.

Step 4: Technical testing (DUS testing)

After the application is accepted, conduct DUS testing according to the Instruction Document. If there are no documents, the Ministry will organize construction within 6 months. DUS testing evaluates the distinctness, uniformity and stability of a plant variety.

Term of plant variety protection certificate

Pursuant to Clause 2, Article 169 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the plant variety protection certificate has the following protection period:

• For woody plant varieties and woody climbing plants, the protection period is 25 years from the date of granting the certificate.
• For other plant varieties, the protection period is 20 years from the date of granting the certificate.

The term of protection is calculated from the date of grant of the certificate, regardless of the time of application. Owners need to pay attention to the deadline to promptly renew if necessary.

Support service providing application form for plant variety protection

Above is the entire content and application form for plant variety protection registration. If you need in-depth advice in this field, Long Phan is ready to provide comprehensive support services for you when registering for plant variety protection. Our services include:

• Consulting on protection conditions and registration process for plant variety protection;
• Provide standard plant variety protection registration application forms according to the latest regulations;
• Detailed instructions on how to fill out information in the plant variety protection registration application;
• Support in preparing complete and accurate plant variety registration registration documents;
• Representative submits application for plant variety protection registration and monitors the appraisal process;
• Answer questions throughout the registration process.

This article has shown useful solutions for people registering for plant variety protection. With a team of experienced experts, Long Phan is committed to supporting customers in implementing plant variety protection registration procedures quickly and effectively. Please contact the hotline immediately 0906735386 for free consultation and specific quotes.