Chương 3 Nghị định 88/2010/NĐ-CP hướng dẫn luật sở hữu trí tuệ: Quyền và nghĩa vụ của chủ bằng bảo hộ

Chapter III

RIGHTS AND OBLIGATIONS OF PROTECTION CERTIFICATE HOLDERS

Article 23. Expansion of rights of plant variety protection certificate holders

Methods of impacting a protected plant variety (original variety) to create a new plant variety with characteristics different from those of the original variety specified at Point 1, Clause 23, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property include: transgenesis. back-breeding, selection of natural, artificial or somatogenic variants or selection of varied individuals from a population of the original variety.

Article 24. Obligations of plant variety protection certificate holders

According to Clause 1. Article 191 of the Law on Intellectual Property, a protection certificate holder has the following obligations:

1. To pay a remuneration to the plant variety breeder by any of the following modes:

a/ Under an agreement between them:

b/ If no agreement is reached, the remuneration paid to the breeder is 35% of the amount indicated in the contract on the assignment or transfer of rights to the plant variety, after paying all taxes, according to regulations. In case the protection certificate holder uses the protected plant variety for production or trading purposes, it/he/she shall pay to the breeder 10% of the obtained benefits, except for cases in which the protection certificate holder is the transferee;

c/ For a plant variety selected and bred or discovered and developed with state budget funds, the protection certificate holder shall pay a remuneration to the breeder according to an internal regulation. If the internal regulation contains no provision on payment of remuneration. Point b. Clause 1 of this Article shall apply;

d/ For a plant variety selected by co-breeders, the remuneration level specified in Clause 1 of this Article is the level paid to all co-breeders. Co-breeders shall reach an agreement on the sharing of the remuneration amount paid by the protection certificate holder;

e/ The obligations to pay remuneration to plant variety breeders will exist throughout the term of protection of the plant varieties, except cases in which the protection plant varieties are transferred.

2. To pay a fee for maintaining the validity of the plant variety protection certificate to the plant variety protection agency within three (3) months after the grant of the protection certificate, for the first year of validity, or within the first month of the subsequent year of validity.

3. To preserve the protected plant variety and supply information, documents and reproductive materials of the protected plant variety at the request of the plant variety protection agency: and to maintain the stability of the protected plant variety according to its characteristics described at the time of granting the plant variety protection certificate.