THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Circular No.  16/2013/TT-BNNPTNT dated February 28, 2013 of the Ministry of Agriculture and Rural Development on the protection of plant variety rights
Pursuant to the Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending article 3 of the Government’s Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development
Pursuant to the Law on Intellectual property No. 50/2005/QH11 dated November 29th 2005; the Law No. 36/2009/QH12 on the revision of the Law on Intellectual property dated June 19th 2009;
Pursuant to Decree No. 88/2010/ND-CP dated August 16, 2010 of the Government detailing and guiding a number of Articles of the Law on Intellectual Property and the Law Amending and Supplementing a number of Articles of the Law on Intellectual Property regarding rights to plant varieties, and the Decree No. 98/2011/ND-CP dated October 26, 2011 of the Government amending, supplementing some articles of Decrees on agriculture
Pursuant to the Government's Decree No. 105/2006/ND-CP dated September 22nd 2006, elaborating and guiding the implementation of the Law on Intellectual property applicable to intellectual property rights and the State management of intellectual property, and the Government's Decree No. 119/2010/ND-CP dated December 30th 2010 of the Government, revising the Decree No. 105/2006/ND-CP;
At the request of the Director of the Crop Production Department,
The Minister of Agriculture and Rural development issues this Circular to guide the protection of plant variety rights,
Chapter I
GENERAL REGULATIONS
Article 1. Scope of regulation
This Circular guides the implementation of some regulations on the establishment of plant variety rights, the representation for plant variety rights, and the templates of documents about the protection of plant varieties.
Article 2. Subjects of application
This Circular is applicable to:
1. Vietnamese organizations and individuals;
2. Foreign organizations and individuals being the subjects prescribed in Clause 18 Article 1 of the Law on the revision of the Law on Intellectual property.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Plant breeding is the process of sexual cross-breeding, causing mutation, or applying other methods to create artificial variations, and selecting the variations suitable for the demands of the producers.
2. Detection and development of plant varieties:
a) Detection is the selection of natural variations existing in a population of a plant variety, or to find new genetic resources in nature;
b) Development is the process of propagation and assessment to select the variations or genetic resources that suit the production demand.
Article 4. Lawful representatives and authorized representatives of applicants
1. The lawful representative of an applicant prescribed in Clause 2 Article 3 of the Decree No. 88/2010/ND-CP is:
a) The legal representative or authorized representative of the applicant, or an organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a Vietnamese organization or individual;
b) The manager of the representative office or branch in Vietnam, or the organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a foreign organization or individual that has an office or permanent residence in Vietnam, or has premises that produce and trade plant varieties in Vietnam;
c) The organization that represents the plant variety rights under the authorization of the applicant, if the applicant is a foreign organization or individual that does not has an office or permanent residence in Vietnam, or nor has premises that produce and trade plant varieties in Vietnam.
2. The legal representative of the applicant shall follow the procedure for the protection of plant varieties as prescribed by laws on authorization; the letter of authorization is made according to the form in Annex 1 of this Circular.
Article 5. Resolving objections from the third party
1. From the day on which the application for protection is posted on the website of the New Plant Variety Protection Office or the Agriculture and Rural Development Magazine to the date on which the decision to grant the patent, any third party may send its objection to the Department of Crop production against the right to register, the priority, the protection conditions, and other issues related to the acceptance of the application for protection of plant varieties.
2. The objection from the third party shall be made in accordance with the template in Annex 2 of this Circular, enclosed with the explanation for the objection and the evidence (if any), and sent to Department of Crop production.