The right to own a plant variety is one of the rights protected by the Intellectual Property Law. What should be paid attention when transferring plant variety ownership? In the following article, Lawyer would like to share to readers some issues related to “Transfer of plant variety ownership”.
Firstly, it is necessary to clarify what is “Plant variety, transfer of ownership of plant variety”?
Plant variety means a population of plants of the same lowest taxonomic class, morphologically homogeneous, stable over propagation cycles, which can be identified by expression of traits due to genotype or combination of regulatory genotypes and distinguishability from any other plant population by the expression of at least one inherited trait.
Rights to plant varieties are established on the basis of a competent state agency’s decision to grant a plant variety protection certificate.
Transfer of ownership of a plant variety means a protection certificate holder allows another person to perform one or several acts of its use right.
Second, the issues to keep in mind when transferring plant varieties:
– In case the rights to a plant variety are under co-ownership, the assignment to another person must be agreed upon by all co-owners.
– The transfer of rights to a plant variety must be made in the form of a written contract. The content of the contract to be protected includes:
+ Full name and address of the licensor and the licensee;
+ Bases for licensing;
+ Scope of the transfer, including limited use rights, territorial limits;
+ Contract term;
+ Price of licensing right;
+ Rights and obligations of the licensor and the licensee;
+ Responsibility for breach of contract
– The transfer of rights to a plant variety created from the state budget complies with the Technology Transfer Law.
Above is the advice of a lawyer on a number of issues related to “Transfer of the ownership of plant varieties”. If you need advice, please contact us at hotline 0982.466.166 or email “phapluatdoanhnghiepso1@gmail.com” “for detailed advice.
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