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
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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
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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
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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
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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