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Decree No. 104/2006/ND-CP on detailed Regulations to implement the Intellectual Property Law, regarding Plant Variety Rights.

Country/Territory
Viet Nam
Document type
Regulation
Date
2006
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Plant variety Intellectual property rights/patents Legal proceedings/administrative proceedings Certification Authorization/permit Plant protection Planting material/seeds Policy/planning Procedural matters Plant production
Geographical area
Asia, East Asian Seas, South-Eastern Asia
Entry into force notes
This Decree enters into force on 15 November 2006.
Abstract

This Decree, consisting of 39 articles divided into 5 Chapters, provides detailed regulations and guidelines for the execution of some articles on Plant Variety Rights in the Intellectual Property Law including responsibility for State administration, the order & procedures for establishing plant variety rights; rights and obligations of the plant variety certificate holder and breeder; transfer and assignment of rights of protected plant varieties. This Decree applies to: 1. Vietnamese organizations and individuals; 2. Foreign organizations and individuals having their registered residence address or business production unit in plant varieties in Vietnam; 3. Organizations and individuals who are nationals of Contracting Parties with Vietnam on the protection of plant varieties; 4. Foreign organizations and individuals who are not nationals of a Contracting Party with Vietnam but have their permanent residence address or a registered legal office in a country which is a Contracting Party with Vietnam on the protection of plant varieties.

Full text
English
Website
www.wipo.int

References - Legislation

Implements

Law No. 50/2005/QH11 of 29 November 2005, on Intellectual Property.

Legislation | Viet Nam | 2005

Keyword: Plant variety, Intellectual property rights/patents, Legal proceedings/administrative proceedings, Certification, Offences/penalties, Business/industry/corporations, Plant protection, Planting material/seeds, Plant production

Source: FAO, FAOLEX

Repeals

Decree No. 13/2001/ND-CP on the protection of new plant varieties.

Legislation | Viet Nam | 2001

Keyword: Plant variety, Breeders' rights/farmers' rights, Planting material/seeds, Legal proceedings/administrative proceedings, Plant production, Intellectual property rights/patents

Source: FAO, FAOLEX