Certificate of Registration of New Plant Variety
ໃບຢັ້ງຢືນການຈົດທະບຽນພັດພືດໃໝ່
General information | ||
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Type of formality | Certificate | |
Date of last modification | 27.09.2017 | |
Responsible Authorities | Intellectual Property Department
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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. |
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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. |
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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 | ||||
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Name | Number | Date | Comment | |
Law on Intellectual Property (2017) | 38/NA | 15.11.2017 |
REQUIRED DOCUMENTS FORMALITIES - First time | ||||
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Name | Comment | |||
Application Form | use the Department's template |
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Receipt for Fee Payment | ||||
A viable sample of the propagating material of the new variety | or a statement related to propagating material |
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Power of Attorney | indicate name and address of the applicant's representative in the Lao PDR |
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Data as required to determine whether the requirements of distinctiveness, uniformity, and stability have been met | ||||
Name of the breeder | If the applicant is not the breeder, a statement of the basis of applicant's ownership |
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Proposed new denomination | ||||
Description of the variety setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure |
REQUIRED DOCUMENTS FORMALITIES - Renew | ||||
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Name | Comment |
Mean of presentation | ||
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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 | ||
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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 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 | ||||
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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 | ||||
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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 |