Plant Variety Protection

Vietnam became the 63rd member of the International Convention for the Protection of New Varieties of Plants (UPOV) on 24 December 2006.

For protection in Vietnam,  new varieties of plants need to meet the following requirements:

(i) varieties have to be distinct from existing, commonly known varieties;

(ii) sufficiently uniform;

(iii) stable and

(iv) new in the sense that they must not have been commercialized prior to certain dates established by reference to the date of the application for protection. This is commonly known as the Distinctness, Uniformity and Stability (DUS) test.

Article 4.24 of the IP Law defines that plant variety means a plant grouping within a single botanical taxonomy of the lowest known rank, which is morphologically uniform and suitable for being propagated unchanged, and can be defined by the expression of phenotypes resulting from a genotype or a combination of given genotypes, and distinguished from any other plant grouping by the expression of at least one inheritable phenotype.

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,

(e) exporting,

(f) importing,

(g) stocking for any of the purposes mentioned in paragraphs (a) to (e) above.

We have served 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./.