Date: 18-08-2022 by: Banca IP Law Firm
KEY CONTENTS OF AMENDED IP LAW 2022 - SECTION 4 - PLANT VARIETIES
In part 4, Banca would like to introduce additional changes related to Plant Varieties, which are stated in the amended and supplemented Intellectual Property Law 2022 (hereinafter referred to as the New Law), including:
- Amending articles to be consistent with the provisions of the UPOV Convention of December 02, 2061, as revised at Geneva on November 10, 1972; October 23, 2978 and March 19, 1991 since Vietnam has joined International Association for the Protection of New Plant Varieties (UPOV) since 2006. Specifically:
Article 157 was added subjects: "foreign organizations and individuals who are nationals of a member state of the International Association for the Protection of New Plant Varieties" as organizations and individuals entitled to have their rights to plant varieties protected.
Article 158 amended conditions for plant varieties eligible for protection to "all plant genera and species", not just plan varieties which are "on the list of plant species protected by the State promulgated by the Ministry of Agriculture and Rural Development". (corresponding to Article 3 of the UPOV Convention)
Article 163 stipulates that denominations of plant varieties “must be the same as the denomination registered for protection in any member of the International Union for the Protection of New Varieties of Plants and the country with which the agreement is signed with the Socialist Republic of Vietnam on the protection of plant varieties” (corresponding to Article 20 of the UPOV Convention).
- Adding articles relating to plant varieties as a result of scientific and technological tasks using the State budget:
Article 164 stipulates clearly that the right to register a plant variety resulting from a scientific and technological task funded by the state budget belongs to the "organization in charge of the task" instead of “State” as before.
Article 191a stipulates rights and obligations of the above-mentioned host organization (to file application within 12 months from the date on which the scientific and technological task is accepted, to pay remuneration to the author, to exercise the rights for plant varieties, to protect the rights and to report annually).
Article 191b stipulates the rights of the State to the above-mentioned plant varieties (to transfer the right to register for protection in case the host organization fails to register within the prescribed time limit or has no need for registration).
Article 194 provides for the transfer of rights to plant varieties resulting from scientific and technological tasks using the state budget.
- Regulating more specifically on representatives of rights to plant varieties:
Article 65 specifies cases required to be filed through a representative, conditions for doing business in the service of representation of rights to plant varieties, responsibilities of the representative.
- Specifying obligations of the plant variety protection certificate holder:
Article 191 details the remuneration to be paid to the breeder of the plant variety as percentage of pre-tax profit/income of the plant variety protection holder from the use, licensing and transfer of the rights to plant varieties.