Pham & Associates serves both foreign and national clients in obtaining Plant Variety Protection Certificates in Vietnam, as well as working with foreign associates in assisting clients to obtain plant patents and Plant Breeders' Rights Certificates in foreign countries and regions.
Assistance in obtaining protection for reproducible plant varieties is also available for preparing plant license agreements and other contracts to protect clients’ interests. Pham & Associates also assists clients in protecting trademarks for use in connection with plants and plant varieties.
In Vietnam, possible protection for plants and new plant varieties includes:
Utility patents for plants other than particular plant varieties (e.g., transgenic plants).
Plant Variety Protection (PVP) Certificates for new plant varieties.
A Vietnamese utility patent can be granted to novel plants other than particular plant varieties as long as they meets patentability (novelty, inventive step, industrial applicable) as specified under the current patent law.
Plant variety protection in Vietnam under the Ordinance on Plant Varieties (OPV) is potentially available to the breeder of any commercially new, distinct, uniform, and stable plant variety who has directly bred a variety, or discovered or developed a new plant variety.
A plant variety means a grouping of plants which are morphologically uniform and of a certain economic value, identified by the expression of the characteristics resulting from a given genotype and distinguished from any other plant grouping through the expression of at least one of those characteristics, and heritable through repeated propagation.
The duration of protection of a new plant variety is 25 years for trees and vines, 20 years for any other new plant varieties. A certificate of protection shall give the breeder the exclusive rights to prevent anyone doing any of the following acts as respect the propagating material of the protected variety without his authority or harvested material obtained through the unauthorized use of propagating material of the protected variety:
(a) production or reproduction,
(b) conditioning for the purpose of propagation,
(c) offering for sale,
(d) selling or other marketing,
(g) stocking for any of the purposes mentioned in paragraphs (a) to (e) above.
Other matters related to IP Rights
Our firm also provides legal services relating
Integrated Circuit Layout Design,
Indications, Domain Names,
assets management and evaluation