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).
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Plant Variety Protection – Registration of Plant Variety Protection in Vietnam

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In Vietnam, possible protection for plants and new plant varieties includes:

(1) Utility patents for plants other than particular plant varieties (e.g., transgenic plants).
(2) Plant Variety Protection (PVP) Certificates for new plant varieties.

A Vietnamese utility patent can be granted to novel plants other than particular plant varieties as long as they meets patentability (novelty, inventive step, industrial applicable) as specified under the current patent law.

Plant variety protection in Vietnam under the Ordinance on Plant Varieties (OPV) is potentially available to the breeder of any commercially new, distinct, uniform, and stable plant variety who has directly bred a variety, or discovered or developed a new plant variety.

A plant variety means a grouping of plants which are morphologically uniform and of a certain economic value, identified by the expression of the characteristics resulting from a given genotype and distinguished from any other plant grouping through the expression of at least one of those characteristics, and heritable through repeated propagation.

The duration of protection of a new plant variety is 25 years for trees and vines, 20 years for any other new plant varieties. A certificate of protection shall give the breeder the exclusive rights to prevent anyone doing any of the following acts as respect the propagating material of the protected variety without his authority or harvested material obtained through the unauthorized use of propagating material of the protected variety:

(a) production or reproduction,

(b) conditioning for the purpose of propagation,

(c) offering for sale,

(d) selling or other marketing,

(e) exporting,

(f) importing,

(g) stocking for any of the purposes mentioned in paragraphs (a) to (e) above.

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