THE GOVERNMENT
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No. 88/2010/ND-CP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, August 16, 2010
 
 
DECREES
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
 
THE GOVERNMENT
 
Pursuant to the December 25, 2001 Law on Organization of the Government;

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Pursuant to the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;
At the proposal of the Minister of Agriculture and Rural Development,
 
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details and guides 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, covering responsibilities for state management of rights to plant varieties: order of and procedures for establishing rights to plant varieties; rights and obligations of plant variety protection certificate holders and plant variety breeders; licensing and assignment of rights to protected plant varieties; and representation of rights to plant varieties.
Article 2. Subjects of application This Decree applies to:
1. Vietnamese organizations and individuals;

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2. Foreign organizations and individuals defined in Clause 18. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Properly.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Applicant means an organization or individual that has the right to file an application for registration of rights to plant varieties under Clause 2. Article 164 of the Law on Intellectual Properly;
2. Application submitter means the applicant or a lawful representative of the applicant;
3. Plant variety protection certificate holder means an organization or individual that is granted a plant variety protection certificate;
4. Plant variety breeder means a person who directly selects and breeds or discovers and develops a new plant variety: in case two persons jointly select and breed or discover and develop a new plant variety, they are co-breeders.

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