Chương I Nghị định 79/2023/NĐ-CP hướng dẫn Luật Sở hữu trí tuệ về quyền đối với giống cây trồng: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Article elaborates on several articles and implementation measures of the Law on Intellectual Property regarding rights to plant varieties, including procedures for establishing rights to plant varieties; rights to plant varieties that are results of information and science tasks funded by the state budget; rights and obligations of holders of protection titles and plant variety breeders; transfer of rights to protected plant varieties; representation of rights to plant varieties.

Article 2. Regulated entities

1. Vietnamese organizations and individuals.

2. Foreign individuals and organizations that are citizens of member nations of the International Union for the Protection of New Varieties of Plants (hereinafter referred to as “UPOV”) or countries with international agreements with the Socialist Republic of Vietnam on the protection of plant varieties; foreign individuals residing in Vietnam or having facilities of production and business of plant varieties in Vietnam; foreign organizations with facilities of production and business of plant varieties in Vietnam; individuals residing or having facilities of production and business of plant varieties in the territories of member nations of UPOV.

3. Organizations and individuals with operations concerning the protection of plant varieties.

Article 3. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Applicants” mean organizations and individuals that may register protection of plant varieties according to Clause 2 Article 164 of the Law on Intellectual Property 2005, amended by Clause 66 Article 1 of the Law on Amendments to the Law on Intellectual Property 2022.

2. “Holders of protection titles of plant varieties” are organizations and individuals with issued protection titles of plant varieties.

3. “Plant variety breeders” are organizations and individuals that directly create or directly discover and develop new plant varieties; if two or more organizations or individuals co-creating or co-discovering and co-developing new plant varieties, concerned parties shall be considered co-breeders.

4. “Discovery and development of new plant varieties” means activities of sorting for natural variations existing in a group of plant varieties or searching for new genetic resources existing in nature, multiplying, and assessing such natural variations.

5. “Testing” (hereinafter referred to as DUS testing) means distinctness, uniformity, and stability testing of plant varieties.

6. “DUS testing documents” include the National Standards of Vietnam, documents guiding DUS testing disclosed by member nations of UPOV, countries cooperating with Vietnam in the protection of plant varieties, or the Ministry of Agriculture and Rural Development of Vietnam.

Article 4. General regulations on administrative procedures in this Decree

1. Submission of applications for the performance administrative procedures: An organization or individual shall submit an application in person or through postal services or electronic means to the Ministry of Agriculture and Rural Development of Vietnam.

2. Answers to the sufficiency of the components of the application:

a) If the application is submitted in person: the Ministry of Agriculture and Rural Development of Vietnam shall inspect and immediately provide answers to the sufficiency of the components of the application for the applicant;

b) If the application is submitted through a postal service: within 3 working days from the receipt of the application, the Ministry of Agriculture and Rural Development of Vietnam shall assess the sufficiency of the components of the application and provide a written notification for the applicant in case the application is insufficient as per regulation;

c) If the application is submitted through electronic means: within 1 working day from the receipt of the application, the Ministry of Agriculture and Rural Development of Vietnam shall assess the sufficiency of the components of the application and provide a written notification for the applicant in case the application is insufficient as per regulation;

3. Online submission of applications shall comply with Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government of Vietnam.

4. Result return methods: the Ministry of Agriculture and Rural Development of Vietnam shall return the results of the settlement of administrative procedures in person at the one-stop-shop department or through postal services or electronic means.

Article 5. List of plant varieties

The list of plant varieties prescribed in Point b Clause 2 Article 160 of the Law on Intellectual Property 2005, amended by Clause 19 Article 1 of the Law on Amendments to the Law on Intellectual Property 2009, includes plant varieties included in the list of plant varieties permitted to be in production and business promulgated by the Ministry of Agriculture and Rural Development of Vietnam; plants varieties that are recognized for circulation, special circulation, subject to self-declaration of circulation, and officially recognized; the list of plant varieties in forestry in Vietnam promulgated by the Ministry of Agriculture and Rural Development of Vietnam and lists of plant varieties of other nations.