Procedures for amending, supplementing and withdrawing applications for plant variety protection registration

Procedures for amending, supplementing and withdrawing applications for plant variety protection registration is an important step in the process of managing and protecting plant varieties. When there is a change in information or the need to amend an application, following the correct process will help customers update and maintain the accuracy of the application. In the following article, Long Phan will detail the necessary steps to amend, supplement or withdraw the registration application, helping you easily grasp and implement it most effectively.

In case of amendment, supplement and withdrawal of application for registration of plant variety protection

In case of amendments and supplements

According to the provisions of Clause 1, Article 7 of Decree 79/2023/ND-CP, organizations or individuals are allowed to amend and supplement plant variety protection registration applications in the following cases:

• Spelling errors: If there are spelling errors in the name, address of the registrant, rights representative service organization, plant variety author or spelling error in the plant variety name.
• Change of information: When there is a change in the name and address of the registrant, rights representative service organization, or plant variety author, and this change is based on valid legal documents.
• Change of variety name: When the registrant requests to change the plant variety name.

These cases only apply before the Ministry of Agriculture and Rural Development announces refusal to grant a Certificate or decides to grant a Plant Variety Protection Certificate.

In case of withdrawal of registration application

Pursuant to Clause 1, Article 180 of the Law on Intellectual Property 2005, amended and supplemented in 2022, it is stipulated that before the state management agency in charge of plant variety rights decides to grant or refuse to grant a Protection Certificate. The registrant has the right to withdraw the application for protection. Requests to withdraw application must be made in writing.

Procedure for amending and supplementing plant variety protection registration applications

Prepared documents

To make amendments and supplements to the plant variety protection registration application, you need to prepare documents including the following documents:

• Declaration requesting amendments and supplements: According to Form No. 04 issued together with the Decree.
• A certified copy of the registration rights transfer contract (if changing the registrant) or documents proving the change of name and address of the registrant or representative service organization.
• Certified copy of documents proving inheritance, including documents confirming personal rights between the registrant and the heir, along with the death certificate or death certificate extract of the registrant (if any).

CSPL: Clause 2, Article 7, Decree 79/2023/ND-CP.

Implementation steps

Pursuant to Clause 3, Article 7 of Decree 79/2023/ND-CP, the steps to amend and supplement a plant variety protection registration application include:

Step 1: Organizations and individuals submit applications to the Ministry of Agriculture and Rural Development.

Step 2: Within 15 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development will evaluate the dossier.

• If the application is valid: The Ministry of Agriculture and Rural Development issues a Notice of acceptance of amendments and supplements to the application and results to the applicant and posts the notice on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
• If the application is invalid: The Ministry of Agriculture and Rural Development shall respond in writing to the registrant and clearly state the reason.

Procedure for withdrawal of application for plant variety protection registration

Prepared documents

Pursuant to Clause 1, Article 180 of the Law on Intellectual Property 2005, amended and supplemented in 2022, to exercise the right to withdraw a plant variety protection registration application, the registrant only needs to submit an application to withdraw the variety protection registration application. plants. In case of application through authorization, a power of attorney is required.

Implementation steps

The submission of a request to withdraw a plant variety protection application is made at the Ministry of Agriculture and Rural Development. Pursuant to Clause 2, Article 180 of Law on Intellectual Property 2005, amended and supplemented in 2022, from the moment the registrant withdraws the application for protection, all subsequent procedures related to that application are terminated.

Support services for implementing procedures for amending, supplementing and withdrawing applications for plant variety protection registration

At Long Phan, we provide support services to carry out procedures for amending, supplementing, and withdrawing applications for plant variety protection in a professional manner to help you manage intellectual property rights in the most optimal way.

We provide related services including:

• Detailed advice on the process of amending and supplementing the registration application.
• Assist in drafting and completing documents, ensuring all necessary documents are prepared accurately and completely.
• The representative submits documents to the authorities.
• Monitor application processing progress, promptly update information related to your application.
• Support for modifying information in cases that arise.
• Consulting on rights and obligations after amendments and supplements.

Understanding the process of amending, supplementing, and withdrawing plant variety protection applications not only helps customers maintain the accuracy of their records but also creates favorable conditions for the development and exploitation of plant varieties in the future. If you have any questions or need to learn more about the service, please consult in depth. Please contact us via hotline 0906735386 for detailed advice and the best support service!