Thursday, August 24, 2017

Registration of Plant Variety Protection in Vietnam

REQUISITE INFORMATION

  1. Information on the applicant and the plant variety breeder:- Full name, address and nationality.
    * In case of multiple breeders, indicate the main breeder.
  2. Information on the plant variety to be registered:

    a. The plant variety's title in use; the plant variety's title intended for protection; and the title of the species (in both English and Latin);

    b. Form of assigning the plant variety to the applicant (contract, inheritance or any other forms): number, date, validity term and the like of the relevant form;

    c. Detailed location of selecting and breeding the plant variety (name of the selecting and breeding office or individual, district, province, country thereof);

    d. Other applications already filed: forms of protection; filing date, number and place; status of applications, title of plant variety; list of official plant varieties and which forms (list of national variety, already-protected variety or commercialized variety...) these official plant varieties belong to;

    e. Title of the plant variety, country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);

    f. Whether the plant variety has been offered or not been sold yet or already sold for the first time (when and under what title?) or commercialized (where and under what title?);

    g. Whether the plant variety has been offered in other countries or not been sold yet or already sold for the first time (when and under what title?);

    h. Technical check over the plant variety: already done (where?) or being now done (where?) or not done yet and will be done (where?);

    i. Origin of maintenance and propagation:

- Origin (title of parental variety, cross-breeding method - from seed, by mutation, perpetuation... and generations);

- Method of maintenance and propagation:

    + cuttings
    + inoculation
    + Others

    - Other information (specify the selecting and breeding year, crop and location);

    j. Main characteristics of the plant variety:

    - Tree: Growth form
    + Degree of expression: narrow brush; brush; broad brush; flat brush; or reptant;+ Typical variety thereof.- Flower: spike-type
    + Degree of expression: simple; semi-compound; or compound;
    + Typical variety thereof.
    - Flower: Spike diameter
    + Degree of expression: very small; small; medium; big; very big;
    + Typical variety thereof.
    - Flower: Color group
    + Degree of expression: white or nearly white; yellow; dark yellow; blended yellow (yellow without red being intermixed); blended apricot; orange and blended orange (orange with other colors being intermixed); orange red; carnation; pink; blended pink (pink with other colors being intermixed); light red and dark pink; red; or others;
    + Typical variety thereof.

    k. Similar varieties and their differences with the variety to be registered (specify expressed characteristics):

    - Name of similar varieties;
    - Different characteristics;
    - Degree of expressing characteristics in comparison with the variety to be registered.

    l. Additional information:

    - Disease resistance;
    - Form of cultivation (in a greenhouse, in a field, on a trellis or with no trellis);
    - Main objectives of use (for fresh use, processing or others);
    - Others.

    REQUISITE DOCUMENTS

    1. Power of Attorney (as attached form);
    2. 03 sets of photos of the plant variety (size: 12 cm x 18 cm), wherein each set includes 03 photos: 01 photo of the plant variety in the form of a plant grouping, 01 photo of the plant variety in the form of a plant individual; 01 photo representing the plant variety's characteristics;
    3. Documents proving the registration right (if the applicant is an assignee of the registration right);
    4. Documents proving the priority right (if priority is claimed);
    5. Sample of the plant variety;
    6. Other supporting documents (if any).

    IMPORTANT NOTES

    1. The originals of the documents stated in items 1, 3 & 4 can be submitted within 30 days computed from the filing date;
    2. Vietnamese versions of documents stated in items 3, 4 & 6 may be required in necessary cases;
    3. Time for formality examination is around 15 days computed from the Vietnamese filing date. In case being officially accepted as to formality, the application shall be published in a specialized magazine on plant varieties within 90 days from the date of acceptance of the application. The valid application shall be substantively examined within 02 - 05 years.
    4. Plant variety protection certificates shall be valid from the grant date up until the expiry of a period of 25 years for timber trees and vines, and of 20 years for other plant varieties.
    5. It is required that the first annuity be paid within 03 months from the grant date, and the subsequent annuities be paid in the first month of those annuities.

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