Rules on rights to plant varieties

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VietnamNet English - 50 month(s) ago 5 readings

VietNamNet Bridge - On December 30, the Government issued Decree No 119/2010/ND-CP amending Decree 105/2006/ND-CP of September 22, 2006, guiding implementation of a number of articles in the Law on Intellectual Property with respect to State administration of intellectual property rights.

For more clarity and details on dealing with rights infringements, Decree 119 focuses on (i) the forms of rights infringement to plant species, (ii) data, evidence and exhibits accompanying applications to deal with infringement and (iii) evidence proving status as intellectual property rights holders.

The decree also responds to two current challenges: determining the value of infringing on goods and determining the procedures for processing applications. With regard to intellectual property assessment, Decree 119 amends on (i) contents and sectors of intellectual property assessment, (ii) intellectual property assessment organisations, (iii) rights and obligations of intellectual property assessment organisations, (iv) intellectual property assessors and (v) intellectual property assessment procedures.

The decree will take effect on February 20, 2011.

On December 3, the Government issuedDecree No 120 to amend a number of articles of Decree No 198/2004/ND-CP on land use fees, under which households and individuals who are unable to pay fees at the time of issuance of the Land Use Right Certificate will be entitled to complete these obligations within a term of five years after the issuance. The land use fee will be debited to the Land Use Right Certificate at a land price computed at the time of issuance. In case the payment is made after the term, land users must pay land use fees in accordance with the price that is computed at the time of payment.

Decree 120 also added that organisations that have been allocated or leased land by the State before October 15, 1993 must pay 40 per cent of the fee promulgated by the Provincial People's Committee.

This Decree will come into force on March 1 of this year.

On December 30, the Government also issued Decree No 121/2010/ND-CP amending and supplementing a number of articles of Decree No 142/2005/ND-CP of November 14, 2005, on the collection of land and water surface rents.

The scope of regulation of the new Decree was extended to cases of leased land from the State for the construction of underground works for commercial purposes in accordance with the approved plan. In this case, land rent will not be more than 30 per cent of the rent rate of the grounds used for the same purpose.

Under the new regulations, the annual land rent unit will be equal to 1.5 per cent of the land price according to the purpose of the rented land, promulgated by the provincial-level People's Committees in accordance with the Government on the methods of determining land prices and price brackets.

For land in urban areas, commercial or service centers, traffic hubs, and densely populated areas that may yield special profits or be used for production, business and/or service activities, the provincial-level People's Committee presidents will decide based on the local situation to make decision if land rent rates higher than the set rates. However, these rates must not exceed twice the normal rate.

This decree took effect on January 3.

Source: VNS

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