In Vietnam, is it possible to register a plant variety name with only numerals?
In Vietnam, is it permissible to register a plant variety name with only numerals? What are requirements for grant of the Decision on recognition of circulation of a plant variety in Vietnam?
Hello Lawnet. My company has researched a new type of coffee crop with good yield and product quality. Now, my company wants to name that plant variety with only numerals. Will it be accepted by the competent authority? Looking forward to your consultancy.
<subquestion>In Vietnam, is it permissible to register a plant variety name with only numerals?</subquestion>
Pursuant to Article 14 of the Law on Crop Production in 2018 stipulating names of plant varieties in Vietnam as follows:
1. The name of a plant variety shall not be accepted in the following cases:
a) The name includes numerals only;
b) The name violates historical, cultural, moral traditions, national customs and values.
c) The name is read or written the same as the name of a national leader, hero/heroine, celebrity, a food, beverage or pharmaceutical;
d) The name of a state agency, a people's armed force unit, political organization, socio-political organization, socio-political-professional organization, social organization, socio-professional organization is used to make a part or the whole of the name of a plant variety, unless otherwise approved by concerned agencies, organizations or units;
dd) The name easily causes mistakes about the particulars or characteristics of that plant variety;
e) The name easily causes mistakes about the author’s name;
g) The name is the same as the name of the patented plant variety.
2. Organizations and individuals trading plant variety propagating materials must use the plant variety’s name obtaining the decision on recognition of circulation of plant varieties or permission for self-declaration of circulation of plant varieties.
3. In order for the name of a plant variety to be used in combination with a brand name, trade name or indications similar to a name of the plant variety recognized for circulation or declared for circulation for production and trading purposes, the name must be easily identifiable.
As regulations above, your company must choose another name as a plant variety name with only numerals is not accepted.
<subquestion>What are requirements for grant of the Decision on recognition of circulation of a plant variety in Vietnam?</subquestion>
Pursuant to Clause 1, Article 15 of the Law on Crop Production in 2018 stipulating requirements for grant of the Decision on recognition of circulation of a plant variety in Vietnam as follows:
1. Requirements for grant of the decision on recognition of circulation of a plant variety shall be composed of the followings:
a) That plant variety's name is available;
b) Trial results show the distinctness, uniformity and stability of that plant variety;
c) Trial results show that plant variety is conformable to national standards regarding its value for cultivation and use;
d) Plant variety samples are preserved under the provisions of Article 20 herein;
dd) The declaration of information about that plant variety and cultivation processes is prepared by an organization or individual bearing its/his/her name on an application for the decision on recognition of circulation of that plant variety.
