Plant Variety Protection

Plant variety in Vietnam

Plant variety is protected in Vietnam if Organizations and individuals whose rights to plant varieties are eligible for protection means those who select and breed or discover and develop plant varieties or who invest in the selection and breeding or the discovery and development of plant varieties or to whom rights to plant varieties are transferred. Organizations and individuals defined in above shall include Vietnamese organizations and individuals; organizations and individuals of foreign countries which have concluded agreements on the protection of plant varieties with the Socialist Republic of Vietnam; and foreign organizations and individuals with permanent residential addresses in Vietnam or with establishments producing or trading in plant varieties in Vietnam.

General conditions for plant varieties to be eligible for protection

– Novelty of a plant variety

A plant variety shall be deemed new if reproductive materials or harvested materials of such variety have not yet been sold or otherwise distributed for the purpose of exploitation in the territory of Vietnam by the registration right holder defined in article 164 of intellectual property or his or her licensee one (1) year before the filing date of the application for registration, or for exploitation outside the territory of Vietnam six (6) years before the filing date of the application for registration for timber trees or vines, or four (4) years for other plant varieties.

– Distinctness of a plant variety

· A plant variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing the application or on the priority date, as the case may be.

· Plant varieties whose existence is a matter of common knowledge

– Uniformity of a plant variety

A plant variety shall be deemed uniform if, subject to variation which may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.

– Stability of a plant variety

A plant variety shall be deemed stable if its relevant originally described characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle.

Registration procedure

Upon filing, an application will be undergoing the following phases:

· Examination as to formality: The Registration Office will examine the application as to formality within 15 days from the filing date of the application.

· Publication of the application: if the application is accepted as filed in due form, the application will be published in a specialised magazine within 90 days from the acceptance date of the application for opposition purpose.

· Substantive examination: the accepted application will be examined as to the registrability. Substantive examination will be conducted as to (i) the novelty and suitability of the variety denomination; and (i) the result of growing tests in order to determine the distinctness, uniformity and stability of the variety.

Validity of registration certificate of plant variety

Registration certificate of plant variety shall be in effect throughout the whole territory of the Socialist Republic of Vietnam. The validity of a registration certificate begins from the granting date of the certificate and expires at the end of 25 years for trees and vines and 20 years for other kinds of plants.

In case you require more information or require advice on Trademarks as well as other IP matters in Vietnam, please do not hesitate to contact us via Email: rubby@ipcells.com