New plant variety protection forms are ready for use

On June 22, 2021, the Ministry of Agriculture and Rural Development issues the Circular No. 03/2021/TT-BNNPTNT, amending the Circular No. 16/2013/TT-BNNPTNT, regarding protection of plant breeder’s rights.

According to the Circular No. 03/2021, forms used for protection of plant breeder’s rights include:

– Form of declaration for registration of the contract for assignment of plant breeder’s rights. This form is given in Appendix II to Circular 03/2021.

(Appendix II to the Circular No. 03/2021 replaces Appendix 3 of the Circular No. 16/2013)

– Form of declaration for request for mandatory transfer of plant breeder’s rights. This form is given in Appendix III to Circular 03/2021.

(Appendix III to the Circular No. 03/2021 replaces Appendix 4 of the Circular No. 16/2013)

Circular No. 03/2021 sets out the following grandfather clause:

– Application forms for registration for protection of plant breeder’s rights submitted before August 6, 2021 must be subject to the provisions of Circular No. 16/2013 and other relevant legislative documents in effect;

Processes and procedures for revision and supplementation of the application form; revision, supplementation and re-issuance of plant variety patents must be subject to the Circular No. 03/2021.

– Dossiers for assignment of application forms for registration of protection of plant breeder’s rights; dossiers for suspension, restoration or invalidation of plant variety patents; dossiers for response to objections of third parties, submitted before August 6, 2021, must be subject to the provisions of Circular 16/2013 and other relevant legislative documents in effect.

Circular No. 03/2021/TT-BNNPTNT is entering into force as of August 6, 2021.