1

ENFORCEMENT OF PBR UNDER UPOV 1991 IN VIETNAM

NGUYEN THANH MINH, PVPO, MARD/VIETNAM

HANOI SEPT., 2016

OUTLINE OF THE PRESENTATION

HISTORY OF PVP

IMPACT TO AGRICULTURE

ENFORCEMENT OF PBR

2

Background

Agricultural country.

High density of population

Improve living standard

of the people – The

current main purpose of

VN’s Government

Seed Sector play an

important role for the

purpose – big contribution

of new plant varieties

HISTORY OF PVP

3

1995-2000

2000-2006

2007-NOW

Study the real conception of PVP

Establishing National PVP system and Preparations

to join UPOV

Implementing PVP System under UPOV Convention

Dispatching staffs to Overseas

Invite Experts from experienced countries and UPOV

Seminars/Workshops on PVP for relevant persons

Organizations to

implement: PVPO/DUS

Test Office

Drafting Legislation

Document (Law, Decree…)

Operating the system under UPOV

Convention

Exploit the benefits of the system

The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory

Members of UPOV (74)

Initiating States (15) and Organization (1)

States (23) and Organization (1) in contact with the UPOV Office6

Members of UPOV (24th Dec, 2006)

63rd

4

Organization System

MARD

DCP

NCPTPVPO

APPLICANT- Applications(Direct/Post Office/IP Agent)

- Propagation Material for DUS

- Notice the Plan for DUS

- DUS Test report

- Procedure for decision to grant PVP Certificate

- Decision and granting PVP Certificates

Legislation on PVP

2001 2004 2005

Decree No 13 onPVP

Seed Ordinance(Chapter 4 on PVP)

IP Law No 50 (2006); Law on revisement of some

Article of IP No 50 (2009)(Based on 1991 Acts, UPOV)

Dcree 105Decree 88

Circular 16

5

Typical for VN’s PVP

Fully Member of UPOV on 24th December 2016

Protect all species from 24th December: Oppotunities

and challenge

Member of TPP Agreement

“The Parties recognise the importance of a rich and

accessible public domain” (Article 18.15)

Need to consider on Public Varieties

IMPACT OF PLANT VARIETY

PROTECTION

6

Applications by years 2004 – 2015

0

20

40

60

80

100

120

140

160

1 2 3 4 5 6 7 8 9 10 11 12

4 2 513

21

34

50

40

75

60

83

107

3 5 4

1511

19 1712

29 3226

41

7 7 9

2832

53

67

52

104

92

109

148

Vietnam

Oversea

Total

Application is increasing

Number of application increased – Many

good new varieties and new species

released for farmer

Good new var. from oversea and new

species - farmer have good income

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Current situation of Agriculture

Exporter on agriculture

products

For rice: 5/10 protected

varieties are cultivated in

biggest area for exporting

New varieties of flowers

(rose, cymbidium…) is

introduced to VN by foreign

countries

Increasing the income of farmer

A cuttings of new rose

varieties may reach 10 –

15 times more expensive

than old Var.

New variety is introduced

in VN

Farmer have chance to

increase their income

8

Farmer produce under license from Owners

Waiting to the aircraft

for exportation

0

5

10

15

20

25

30

35

40

45

50

1 2 3 4 5 6 7 8 9 10 11 12

2 2 2

5

11

1618

24

31

37

41

50No of species until the year (2004-2015)

No of species until the year

9

Applications by Groups (2004-2015)

7 7 9

2620

29

58

39

75

57

73

98

0 0 0 2

10

24

913

26

34 36 37

0 0 0 0 2 0 0 03 1 0

13

-20

0

20

40

60

80

100

120

2002 2004 2006 2008 2010 2012 2014 2016

No

App

licat

ion

Year

Major crops (Rice, Corn, Soybean,Groundnut)

Vegetable, Flower, Fruit trees

Other

Linear (Major crops (Rice, Corn,Soybean, Groundnut))

Linear (Vegetable, Flower, Fruittrees)

Linear (Other)

Vietnam’s applications: Private and Public sectors

Public sector (Government Budget):

Research Institutes

Universities

Research Centers

(Central Government

and provincial level)

Private sector: Individual

VN’s Seed Company

Recent years: MARD did not invest to Public Sector for breeding by traditional methods

0

10

20

30

40

50

60

70

80

1 2 3 4 5 6 7 8 9 10 11 12

42 2

6

12

7

32

10

34

28 29 28

0 03

710

26

1715

41

32

53

80

Public

Private

10

Positive impact to SMEs

Before PVP system established in VN: almost of

them are trade company (not interest in RD)

When PVP system is established:

Beginning: they are licensed to exploit PBR from

owner (transferred)

They develop breeding facility

Now, many of them have own breeding facility

Some of them become big with very good

breeding facility.

ENFORCEMENT OF PBR

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Protection

InfringerExploitation

To be permitted

RoyaltyIP Law (Part 5), Custom LawCivil LawCriminal Law

Breeder: Exploitation of the right by them-self

Third party: Licensing, pay royalty to Breeder

Penalties depend on the level - Administrative (Decree 172)- Emergent, temporary Measures

Organizations in charge:- Professional Inspector- Custom office, police, - Court, Procuratorate

PBR

No of PVP Certificates per total applications

5 18 2960

99

146

213251

314

5183

136

204

255

359

451

560

708

0

100

200

300

400

500

600

700

800

2007 2008 2009 2010 2011 2012 2013 2014 2015

Granted Certificates (Total)

Total Applications

12

Specializing in introduction of a new variety

For the Varieties from Research Institutes:

Transferred the right to seed companies

Establishing IP Division to exploit of the right in some Research

Institutes

The specialization in development new variety make

more effective in exploiting new varieties

Fair Competition in trade: Who invest to the R/D more,

they have more benefits for re-investment to R/D

Shortcomings

Duration from filing application to grant Certificates

still long due to technical issues

For SMEs: Not easy to fulfill Application and

relevant document

There were misunderstand on the assignment of

the right and licensing.

It’s difficult to assess value for the right of Public

Varieties in transfer contract.

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Transfer the rights of using and assignment

According to Art. 192, IP Law: “Transfer the rights

of using means the permission of Holder of the right

of the variety given to other person to conduct one

or some acts of his right of the variety”.

Assignment of the right (Art.194): Means Holder of

the Right transfer all the right of the variety to

Assignee. The assignee become Owner of PBR.

For the varieties from Public Research Institutes: Is

it easy to access when right of the varieties is

assigned to private sector?

Thank you for your attention

Detail Information:

PVP Office

Room No 105, A6 Build.

No 2 Ngocha Badinh, HANOI

Tel: (844)38435182;

Fax: (844)37342844

Website: http://pvpo.mard.gov.vn