Legal basis

• Law on Intellectual Property 2005
• Circular No. 207/2016/TT-BTC stipulating the rates and regimes of collection, payment, management, and use of fees and charges in the field of cultivation and forestry tree varieties.
• Decree 88/2010/ND-CP detailing and guiding the implementation of several articles of the Intellectual Property Law and the Law amending and supplementing several articles of the Intellectual Property Law on rights to plant varieties.
• Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013, of the Minister of Agriculture and Rural Development on protecting plant varieties’ rights.
• Circular 03/2021/TT-BNNPTNT of the Ministry of Agriculture and Rural Development: Amending and supplementing several articles of the Circular No. 16/2013/TT-BNNPTNT dated February 28, 2021, by the Minister of Agriculture and Rural Development on the protection of rights to plant varieties.

Procedures

Step 1: Organizations and individuals submit dossiers to the Department of Crop Production.

Step 2: Answer for completeness of profile component

• In case of direct submission: The Department of Crop Production checks the composition of the application and immediately responds to the completeness of the application to the organization or individual;
• In case the application is submitted via postal service: Within no more than 03 working days from the date of receipt of the application, the Department of Crop Production considers the completeness of the application components; in case the dossier is incomplete as prescribed, notify in writing the organization or individual;
• In case of applying to the electronic environment: Within no more than 08 working hours from the time of receiving the dossier, the Department of Crop Production considers the completeness of the application components; In case the dossier is incomplete as prescribed, notify the organization or individual.

Step 3: Appraise the dossier and return the results Within 15 working days from the date of receipt of the complete dossier, the Department of Crop Production will organize the appraisal of the dossier. If the application is valid, the Department of Crop Production will issue a decision to restore the validity of the plant variety protection certificate, return the results to the registrant, and publish the decision to restore the certificate’s validity in the Journal of Agriculture and Development. countryside. In case the application is not valid, the Department of Crop Production shall reply in writing to the registrant clearly stating the reason.

The dossiers

In case of direct submission, via postal service: The dossier components must be the original or a certified copy or a copy presented with the original for comparison or a copy with the establishment’s stamp for documents issued by the establishment;

In submitting documents via the electronic environment, the application components must be scanned and taken from the original. Components of the application must be declared and digitally signed on the electronic forms provided following the provisions of Clauses 1 and 2, Article 9 of Decree No. 45/2020/ND-CP dated April 8, 2020. of the Government on the implementation of administrative procedures in the electronic environment.

• An application for reinstatement of a plant variety protection certificate;
• Evidence proving that the reason for suspension has been overcome;
• Receipt of payment of the fee for reinstatement of plant variety protection certificate.

Time

15 days from the date of receiving the valid application

Services of Hong Bang Law

• Consulting on all kinds of procedures for customers;
• Drafting, preparing, and checking the validity of dossiers;
• Working with state agencies;
• Receive results on behalf of clients;
• Handing over the results to the client.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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