New Vietnam plant variety protection forms 2021

New Vietnam plant variety protection forms 2021

The Vietnam Ministry of Agriculture and Rural Development has issued the Circular No. 03/2021/TT-BNNPTNT as an amendment to the Circular No. 16/2013/TT-BNNPTNT. This Circular has been issued in June 22th, 2021 in regards to the protection of plant breeders’ rights.

New Vietnam plant variety protection forms 2021
New Vietnam plant variety protection forms 2021

According to the Circular No. 03/2021, Vietnam pant variety protection forms 2021 include:

  • Form of declaration for registration of the contract for assignment of plant breeder’s rights. This form is given in Appendix II to Circular No. 03/2021 (replaces Appendix 3 to Circular No. 16/2013).
  • Form of declaration for request for mandatory transfer of plant breeder’s rights. This form is given in Appendix III to Circular No. 03/2021 (replaces Appendix 4 to Circular No. 16/2013).\

The Circular No. 03/2021 also sets out the following grandfather clauses:

  • Application forms for registration for protection of plant breeder’s rights submitted before August 6, 2021 must be subject to the provisions of Circular No. 16/2013 and other relevant legislative documents in effect;
  • Processes and procedures for revision and supplementation of the application form; revision, supplementation and re-issuance of plant variety patents must be subject to the Circular No. 03/2021.
  • Dossiers for assignment of application forms for registration of protection of plant breeder’s rights; dossiers for suspension, restoration or invalidation of plant variety patents; dossiers for response to objections of third parties, submitted before August 6, 2021, must be subject to the provisions of Circular 16/2013 and other relevant legislative documents in effect.

The Circular No. 03/2021/TT-BNNPTNT regarding Vietnam plant variety protection forms starts taking effect from August 6th, 2021.

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