Latest procedures for granting a plant variety protection certificate in 2024

Granting a plant variety protection certificate plays a key role in protecting the intellectual property rights of breeders in Vietnam. Besides, plant variety protection also allows them to profit from the use of their plant varieties and reinvest in research and development. This article will analyze in detail the necessary steps for registration. and received issuing a plant variety protection certificate in Vietnam.

Conditions for granting a plant variety protection certificate

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.

Competent authority to issue a plant variety protection certificate.

According to the provisions of Clause 1, Article 4 of Decree No. 79/2023/ND-CP, the Ministry of Agriculture and Rural Development is the competent agency to grant a plant variety protection certificate in Vietnam.

Procedure for granting a plant variety protection certificate in 2024

Documents need to be prepared to be granted a plant variety protection certificate

According to Clause 1, Article 6 of Decree 79/2023/ND-CP, the application for registration of plant variety protection includes the following documents:

• Plant variety protection registration declaration according to Form No. 01 Decree 79/2023/ND-CP. Each page must have a confirmation signature or seal.
• The technical declaration describes in detail the characteristics of the registered plant variety.
• 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.
• Documents proving registered rights when transferring or inheriting rights.
• Documents proving citizenship or permanent residence or production and business establishment in a UPOV member country.
• Documents proving priority rights if the Registration Application claims priority rights.

Steps to request a plant variety protection certificate

The process of granting a plant variety protection certificate in Vietnam includes the following steps:

Step 1: Submit profile

According to Clause 1, Article 4 of Decree No. 79/2023/ND-CP, organizations and individuals can submit applications directly, by post or via electronic environment to the Ministry of Agriculture and Rural Development.

Step 2: Respond to the completeness of the profile components

According to Clause 2, Article 4 of Decree No. 79/2023/ND-CP, application processing time depends on the submission method. Direct submission will be checked immediately, submission by post within 3 working days, and submission via electronic environment within 1 working day. The Ministry of Agriculture and Rural Development will notify if the dossier is incomplete.

Step 3: Evaluate documents and return results

According to Clause 3, Article 6 of Decree No. 79/2023/ND-CP, within 15 days from the date of receipt of complete documents, the Ministry of Agriculture and Rural Development evaluates the form of the Registration Application. If valid, the Notice of Application Acceptance is issued and published. If not valid, the registrant has 30 days to complete. Invalid or unresolved applications will be rejected.

In case there is a request for priority rights as prescribed in Clause 1, Article 167 of the Law on Intellectual Property 2005. Documents proving this priority right are provided within 90 days from the date of filing the protection registration application.

Step 4: Technical testing (DUS testing)

According to Clause 1, Article 8 of Decree No. 79/2023/ND-CP, after the application is accepted, DUS testing is conducted according to the DUS Testing Document. If there is no guiding document, the Ministry of Agriculture and Rural Development will develop it within 6 months.

Depending on the form of DUS testing, organizations and individuals requesting a plant variety protection certificate shall do as follows:

• For DUS testing conducted at a testing organization recognized by the Ministry of Agriculture and Rural Development: The registrant sends seed samples to the plant variety testing organization to conduct DUS testing within 30 days. before the first planting season from the date of issuance of the Notice of Application Acceptance.
• For DUS testing conducted by the registrant himself: The Ministry of Agriculture and Rural Development establishes an inspection team. The inspection team conducts the inspection at least once and no more than three times during the process of the organization or individual performing the testing.

According to Clause 1, Article 11 of Decree No. 79/2023/ND-CP, in case the variety registered for protection is subjected to DUS testing in the above two forms, the organization or individual performing the testing shall submit the original of the Final Report. DUS testing results as prescribed in Form No. 08 issued with Decree No. 79/2023/ND-CP to the Ministry of Agriculture and Rural Development within 90 days from the date of completion of DUS testing.

• Use DUS testing results on the basis of international agreements on exchanging DUS testing results with UPOV member countries or countries that cooperate with Vietnam on plant variety protection.

According to Clause 1, Article 11 of Decree No. 79/2023/ND-CP, in case of using DUS testing results in the above form, the Ministry of Agriculture and Rural Development receives the DUS testing report directly from the insurance agency. plant variety protection of UPOV member countries or countries cooperating with Vietnam on plant variety protection.

Step 5: Evaluate the content and issue a plant variety protection certificate

According to Clause 2, Article 11 of Decree No. 79/2023/ND-CP, within 90 days from the date of receiving the DUS testing results report, the Ministry of Agriculture and Rural Development shall conduct content appraisal.

If the application meets the conditions, the Ministry of Agriculture and Rural Development issues a Decision to grant a Plant Variety Protection Certificate; return results to registrants; published in the Journal of Agriculture and Rural Development and the Electronic Information Portal of the Ministry of Agriculture and Rural Development within 60 days from the date of issuance of the Decision.

If the dossier does not meet the prescribed conditions, the Ministry of Agriculture and Rural Development shall notify in writing its intention to refuse to grant a plant variety protection certificate to the registrant and clearly state the reasons and regulations. 30-day period for the registrant to correct shortcomings or object to the intended refusal.

Time limit for being granted a plant variety protection certificate

According to the provisions of Decree 79/2023/ND-CP, the time limit for receiving a protection certificate for a plant variety is about 8-9 months from the date of application submission. This deadline may be longer, depending on the situation of document processing, appraisal and actual technical testing.

Support service for applying for a plant variety protection certificate

Above is the entire content of the procedures for granting a plant variety protection certificate. 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 plant variety registration application form 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.
• Receive results and hand over to customers.

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.