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.
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