Procedures for registration of plant variety protection

Plant variety is one of the subjects of intellectual property rights. Rights to plant varieties means rights of an organization or individual to new plant varieties which such organization or individual has selected and created, discovered and developed, or which they own. (Clause 5, Article 4 of the Law on Intellectual Property).

Plant varieties eligible for protection means plant varieties which have been selected and bred or discovered and developed, are on the list of State protected plant species promulgated by the Ministry of Agriculture and Rural Development; and are new, distinct, uniform, stable and designated by proper denominations.

A dossier for registration of plant variety protection includes:

  1. A registration form
  2. A declaration form for testing (Each plant species has a corresponding technical declaration form, in case a new plant species does not have a technical declaration form, the general technical declaration form shall be used).
  3. At least 3 color photos of 9 cm x 15 cm or larger showing 3 specific characteristics of the variety to be registered
  4. Fee payment receipts or documents proving that the application fee has been paid at the bank (or payment order)
  5. A power of attorney (for cases of filing the application through representation, usually applications from abroad)
  6. Other documents if any (For example: Transfer contract in case the variety is acquired by transfer from another organization/individual, a document proving the priority right,…) 

T2H Lawyers provides the following services:

  • Consulting on the possibility of plant variety protection;
  • Completing the dossier for a new plant variety protection title;
  • Consulting on the validity of the Protection Title;
  • Consulting to protect the rights of the protection title holders against acts of infringing upon their rights;
  • Representing clients to appeal against the decision of the New Plant Variety Protection Office, including objections and petitions to change the decision;

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: Floor 4, no.2, 115 Chien Thang Street, Van Quan Ward, Ha Dong District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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