Chương 5 Nghị định 88/2010/NĐ-CP hướng dẫn luật sở hữu trí tuệ: Đại diện quyền đối với giống cây trồng

Chapter V

REPRESENTATION OF RIGHTS TO PLANT VARIETIES

Article 33. Rights-to-plant varieties representation services

Rights-to-plant varieties representation services include:

1. Representing organizations and individuals before competent state agencies with regard to the establishment and exercise of rights to plant varieties:

2. Providing consultancy on matters related to procedures for establishing and exercising rights to plant varieties:

3. Other services related to procedures for establishing and exercising rights to plant varieties.

Article 34. Scope of rights of representatives of rights to plant varieties

1. Rights-to-plant varieties representation service providers shall provide services within the scope of authorization and may re-authorize other rights-to-plant varieties representation service providers to exercise these rights, if so agreed in writing by the authorizer.

2. Rights-to-plant varieties representation service providers may give up activities of representing rights to plant varieties if they have lawfully transferred incomplete representation activities to other rights-to-plant varieties representation service providers.

3. A rights-to-plant varieties representative are forbidden from taking the following actions:

a/ Acting as the representative concurrently for disputing parties to rights to a plant variety;

b/ Withdrawing the application for a protection certificate, announcing the abandonment of the protection or withdrawing a complaint about the establishment of rights to plant varieties without permission of the authorizer;

c/ Cheating or forcing clients in the signing and performance of contracts on rights-to-plant varieties representation services:

d/ Using or disclosing information concerning protection registration applications not yet published by the plant variety protection agency.

Article 35. Responsibilities of representatives of rights to plant varieties

1. Rights-to-plant varieties representatives shall:

a/ Notify the authorizer of charges and fees related to procedures for establishing and exercising rights to plant varieties: and representation service charges according to the charge tariff registered with the plant variety protection agency;

b/ Keep secret information and documents related to cases in which they act as representatives;

c/ Provide truthful and accurate information regarding notices and requirements of competent state agencies for the establishment and exercise of rights to plant varieties; promptly hand over protection certificates and other decisions to their clients;

d/ Protect the lawful rights and interests of the represented party by timely responding to requirements of competent state agencies regarding the establishment and exercise of rights to plant varieties;

e/ Notify state management agencies competent to establish and exercise rights to plant varieties of all changes in names and addresses of and other information on the represented party and the names, addresses and representative of the representing party.

2. Rights-to-plant varieties representation service providers shall take civil liability for persons performing rights-to-plant varieties representation services under their names.

3. Rights-to-plant varieties representation service providers and individuals registering for rights-to-plant variety representation service practice shall pay fees and charges according to regulations.

Article 36. Conditions for issuance of rights-to-plant varieties representation service practice certificates

1. The Ministry of Agriculture and Rural Development shall issue rights-to-plant varieties representation service practice certificates to individuals satisfying all conditions prescribed at Point 5, Clause 21. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property.

2. Individuals shall be considered having completed a training course on the law on rights to plant varieties, they have a university or postgraduate dissertation or thesis in plant varieties.

3. The Ministry of Agriculture and Rural Development shall specify programs of training on the law on rights to plant varieties and the examination on the profession of representing rights to plant varieties.

Article 37. Accreditation and expunction of rights-to-plant varieties representation service providers

1. Organizations and individuals that satisfy conditions for providing rights-to-plant varieties representation services specified at Points 2. 3. 4 and 5, Clause 21. Article 21 of the Law on Amending and .Supplementing a Number of Articles of the Law on Intellectual Property shall be accredited in the national register of rights-to-plant varieties representatives and published in the specialized plant variety magazine.

2. Rights-to-plant varieties representation service providers shall be expunged from the national register of rights-to-plant varieties representatives and published in the specialized plant variety magazine in the following cases:

a/ They give up rights-to-plant varieties representation services;

b/ They no longer satisfy conditions prescribed at Points 2. 3. 4 and 5. Clause 21. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

c/They seriously violate provisions of Clause 3. Article 34 and Article 35 of this Decree:

d/ They commit serious mistakes when providing rights-to-plant varieties representation services, causing harms to the interests of the State and society;

e/ They abuse the capacity of rights-to-plant varieties representatives to carry out activities outside the scope of rights-to-plant varieties representation services defined in Clause 1, Article 34 of this Decree.

3. A rights-to-plant varieties representation service provider that has been expunged from the national register of rights-to-plant varieties representative may be considered for re-accreditation only after 3 years from the date of expunction.

4. The Ministry of Agriculture and Rural Development shall guide the accreditation, re-accreditation and expunction of rights-to-plant varieties representation service providers.

Article 38. Grant and withdrawal of rights-to-plant varieties representation service practice certificates

1. Rights-to-plant varieties representation service practice certificates shall be granted to individuals who satisfy all conditions prescribed at Point 5, Clause 21. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property at the request of these individuals after they have paid charges and fees according to regulations.

2. A person with a rights-to-plant varieties representation service practice certificate may have his/her certificate withdrawn in the following cases:

a/ He/she gives up the profession of rights-to-plant varieties representation;

b/ He/she no longer satisfies the conditions prescribed at Point 5. Clause 21. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

c/ He/she commits a serious violation of Clause 3. Article 34 or Article 35 of this Decree;

d/ He/she makes serious mistakes while providing rights-to-plant varieties representation services, causing harms to the interests of the State and society;

e/ He/she abuses the capacity of rights-to-plant varieties representatives to carry out activities outside the scope of rights-to-plant varieties representation services defined in Clause 1. Article 34 of this Decree.

3. The re-grant of a rights-to-plant varieties representation service practice certificate to a person whose certificate has-been withdrawn shall be considered only after three (3) years from the date of withdrawal.

4. The Ministry of Agriculture and Rural Development shall guide the grant and withdrawal of rights-to-plant varieties representation practice certificates.