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Certificate of Registration of New Plant Variety

ໃບຢັ້ງຢືນການຈົດທະບຽນພັດພືດໃໝ່

General information
Name of formality Certificate of Registration of New Plant Variety
Type of formality Certificate
Date of last modification 27.09.2017
Responsible Authorities Intellectual Property Department
LSIC A - Agriculture, forestry and fishing
Who should complete this business formality?
The breeder of new plant variety that intends to get the legal protection for their rights under Lao PDR laws within Lao PDR.
Qualifications needed by the business to get the formality
Any individual, legal entity or organization eligible to submit an application is as follows:
1. any breeder as defined above may file an application for breeder’s rights;
2. where two or more persons have jointly bred a new variety, such persons may jointly apply for plant breeder’s rights. In the absence of any special declaration of the apportionment of ownership, they are presumed to be owners of equal part of the concerned variety;
3. a foreign individual, legal entity or organization shall enjoy within the territory of the Lao PDR the same treatment as is accorded to Lao nationals, subject to the requirement that a party that does not have a residence or business premises shall appoint a representative with such premises in the Lao PDR.
Additional Comment
- One application can only apply for one plant variety
- Application and any supporting documents may be filed in either Lao or English language; provided, however, that for any application filed in English, the applicant must within 90 days of such filing supply a Lao translation as certified to the authority again.
- A plant variety to be registered as a new plant variety shall meet all the following requirements:
1. new: the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety within 1 year before the date of filing of the national application 
2. distinct: clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application
3. uniform: it is sufficiently uniform in its relevant characteristics
4. stable: its relevant characteristics remain unchanged after repeated propagation

LEGAL FRAMEWORK
Name Number Date Comment
Law on Intellectual Property (2017) 38/NA 15.11.2017

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Application Form Confirmative act
                                                                        use the Department's template 
Receipt for Fee Payment Confirmative act
                                                                         
A viable sample of the propagating material of the new variety Confirmative act
                                                                        or a statement related to propagating material  
Power of Attorney Confirmative act
                                                                        indicate name and address of the applicant's representative in the Lao PDR 
Data as required to determine whether the requirements of distinctiveness, uniformity, and stability have been met Confirmative act
                                                                         
Name of the breeder Confirmative act
                                                                        If the applicant is not the breeder, a statement of the basis of applicant's ownership  
 Proposed new denomination Confirmative act
                                                                         
Description of the variety setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure Confirmative act
                                                                         

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation At the Authority Offices
Address of authority Intellectual Property Department, Ministry of Science and Technology
Processing Time (Day(s)) 90
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? YES
How long will the formality be valid for? (in months) 300
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality? For trees and vines, a fixed period of 25 years and for other varieties of plants, 20 years. In order to maintain the term of protection, the owner shall pay annual fees in advance.
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 0.00 700000.00 0.00 700000.00
Comments
The certificate is for 4 years. From the fifth to twenty-fifth year, it is to maintain the term of protection.
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
YES 0.00 0.00 0.00 0.00
Comments
Maintaining the term of protection starts after the fifth year of granting the breeder's right with the annual fee range from 300,000 to 9,500,000 LAK
     
 

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