Issuing practice certificates to represent plant variety rights

Practice certificates to represent plant variety rights is an important factor that helps individuals or organizations effectively participate in the field of protecting rights related to plant varieties. With this certificate, you can perform rights representation services, and protect the legal rights of your plant varieties. This not only enhances reputation but also opens up many opportunities for cooperation and development in the agricultural industry.

Scope of services representing rights to plant varieties

Regarding the scope of plant variety rights representation services, plant variety rights representation service organizations are only allowed to perform services within the scope of authorization and are allowed to sub-authorize the service organization represent rights to other plant varieties, if approved in writing by the authorizer, according to Clause 1, Article 25 of Decree 79/2023/ND-CP.

Conditions for granting a practicing certificate to represent plant variety rights

Based on Article 165 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the conditions for granting a practicing certificate to represent rights to plant varieties include:

1. Organization:

It is allowed to provide plant variety rights representation services if:

• Be an enterprise, cooperative, law-practicing organization or science and technology service organization in Vietnam (excluding foreign law-practicing organizations).
• Has the function of representing rights to plant varieties recorded in the Business Registration Certificate.

2. Individual:

You are allowed to practice plant variety rights representation services if:

• Have a practicing certificate.
• Work in a service organization representing plant variety rights.

3. Conditions for issuance of practicing certificate:

• Vietnamese citizen, full capacity for civil acts.
• Permanent residence in Vietnam.
• Have a university degree.
• Have experience in legal work or plant variety rights appraisal continuously for 5 years or more, or have graduated from a recognized training course.
• Not be a civil servant or employee at a competent state agency.
• Pass the examination on the profession of representing plant variety rights organized by a competent agency.

Procedures for granting practice certificates to represent plant variety rights

Profile components

When carrying out procedures for granting a practicing certificate to represent plant variety rights, individuals need to prepare the following documents:

• Application for issuance of a practicing certificate for plant variety rights representation services according to the provisions of Form No. 26 is issued together with this Decree;
• Copy of certificate of satisfaction at the examination of professional representation of rights to plant varieties;
• 02 photos 3 cm x 4 cm.

Legal basis: Clause 1, Article 28 of Decree 79/2023/ND-CP.

Implementation steps

Step 1: Submit application

Submit the prepared application to the Ministry of Agriculture and Rural Development.

Step 2: Document appraisal

Within 12 days from the date of receiving the complete application, the Ministry of Agriculture and Rural Development will evaluate the application.

Step 3: Processing appraisal results

• If the profile is valid:

The Ministry will issue a Decision to grant a practicing certificate for plant variety rights representation services according to the prescribed form.

Results will be returned to individuals and posted on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.

• If the profile is invalid:

The Ministry of Agriculture and Rural Development will notify the individual submitting the application in writing, clearly stating the reason for its ineligibility.

Step 5: Get Certificate

Once granted, individuals can receive a Practicing Certificate according to regulations.

The legal basis for the above steps is Article 28 of Decree 79/2023/ND-CP.

Support services for implementing procedures for granting practice certificates to represent plant variety rights

Issuing a practice certificate to represent plant variety rights is an important step to help you affirm your position in the agricultural industry and protect your legal rights. At Long Phan, we provide comprehensive support services to help you easily carry out the necessary procedures.

Our services include:

• Consulting on detailed information about regulations and requirements related to practicing certificates, helping you clearly understand the process.
• Guide customers in collecting and completing necessary documents to ensure valid documents.
• Verify information, ensure all your information and documents are accurate and complete before submitting your application.
• Representative submits documents to the competent authority.
• Monitor processing progress and regularly update application status and promptly notify requests from authorities.
• When we receive the certificate, we will hand it over directly to you and explain the necessary information.
• After issuing the certificate, we continue to accompany you in issues related to plant variety rights and additional consulting services.

The procedure for granting a practice certificate to represent plant variety rights is an important process, ensuring that the practicing individual fully meets the legal and professional criteria. Complying with this process not only helps improve service quality but also contributes to protecting legal rights related to plant varieties. If you still have problems and need support, please contact Long Phan via hotline 0906735386.