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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.
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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