To protect their rights and interests when inventing a new plant variety, the owner should make a registration of protection of rights to the plant. The following article, tinhanhphapluat.com would like to share to readers about the issue of “Registration of protection rights for plant varieties.
Firstly, on the subject of rights to registration for protection of plants:
– The author directly chooses to create or discover and develop a plant variety with his effort and expense;
– Organizations and individuals investing in the breeder ‘selection or detection and development of plant varieties in the form of work assignment or employment, unless otherwise agreed upon;
– Organizations and individuals that are transferred, inherited or inherited the right to register for protection of plant varieties.
– If a plant variety is selected for breeding or discovered and developed by the State budget or from a project under the State’s management, the right to that plant variety belongs to the State.
Secondly, about how to apply for registration of rights to plants:
– Organizations and individuals that are protected with rights to plant varieties shall file applications for registration of rights to plant varieties (hereinafter called protection registration applications) directly or through their lawful representatives in Vietnam.
– Organizations that meet the following conditions may provide rights to plant variety rights representation services in the name of plant variety rights representative service organizations:
+ Being Vietnamese enterprises, cooperatives, law-practicing organizations and scientific and technological service organizations established and operating under the provisions of law, except foreign law-practicing organizations occupations in Vietnam;
+ Having the function of providing service of representing rights to plant varieties recorded in the business registration certificate and operation registration certificate (hereinafter referred collectively to as the business registration certificate);
+ The head of the organization or the person authorized by the head of the organization must meet the conditions of the individual to practice the service of representing rights to plant varieties.
+ Individuals are allowed to practice the service of representing rights to plant varieties if they meet the following conditions:
a) Having a certificate of practice in service of representing rights to plant varieties;
b) Operating in a service organization representing rights to plant varieties
– Individuals who meet the following conditions shall be granted practicing certificates of rights to plant variety representation services:
a) Being a Vietnamese citizen, having full capacity for civil acts;
b) Permanent residence in Vietnam;
c) Having a university degree;
d) Has been directly involved in the law on rights to plant varieties for five consecutive years or more, or has directly conducted the evaluation of applications for registration of rights to plant varieties at a national agency or international rights to plant varieties for five or more consecutive years or have graduated from a training course on plant variety rights recognized by a competent agency;
d) Not to be a public servant or an official working for a competent state agency in establishing and enforcing rights to plant varieties;
f) Having passed the examination of the profession of representing rights to plant varieties, organized by a competent agency.
– The Government shall specify the lawful representative who submits the application and organizes the rights to plant variety rights representative service