Agreement on New Plant Varieties
关于植物新品种的协议
ຂໍ້ຕົກລົງ ວ່າດ້ວຍພັນພືດໃໝ່
Summary
This Agreement, formulated by the Ministry of Industry and Commerce of Laos under the Law on Intellectual Property, stipulates the principles and systems for the registration of new plant varieties, post-registration procedures, agency, administrative reconsideration, and management agencies for new plant varieties. It consists of thirty-six articles.
Articles
Article 1
Purpose. This Agreement stipulates the principles and systems related to the conduct of work on new plant varieties, particularly the registration of new plant varieties, post-registration processing of new plant varieties, representation, administrative reconsideration, and the management agency for new plant variety work, in order to uniformly implement the Law on Intellectual Property nationwide and contribute to the national economic and social development.
Article 2
Plant variety. A plant variety means a plant variety that has not yet been generally known, being a group of plants possessing the same botanical characteristics, capable of being defined by the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other group of the same plant species by at least one characteristic, and exhibiting uniformity and stability in its relevant characteristics when propagated, regardless of whether the group of plants meets the conditions for granting protection rights to the plant breeder.
Article 3
Interpretation of Terms. The terms used in this Agreement have the following meanings: 1. Applicant means an individual, legal person, or organization that files an application for registration, opposition, maintenance of validity, change of name and/or address, licensing, assignment, modification, partial or full cancellation, or revocation of a plant variety registration, or the successor in interest of such person; 2. Application means the dossier documents for filing an application for registration, opposition, maintenance of validity, change of name and/or address, licensing, assignment, modification, cancellation, or revocation of a plant variety registration; 3. Opponent means an individual, legal person, or organization that files an opposition against a plant variety registration application; 4. Opposition means the submission of an opposition application against a plant variety registration application that has been published in the Official Gazette of Intellectual Property; 5. Cancellation means administrative cancellation proceedings conducted by the Intellectual Property Office; 6. Assignment means the transfer of all or part of the rights of a plant variety owner to an assignee; 7. Deed of Assignment means a written document prescribed for the matter of assignment; 8. Licensing means consenting to another person to exercise relevant rights concerning plant variety protection, including consent not to take legal action against a person who has obtained a license under contractual conditions in accordance with the law; 9. Licensee means an individual, legal person, or organization that obtains the right to use a plant variety from the right holder; 10. Licensor means an individual, legal person, or organization that issues a license to use a plant variety; 11. Power of Attorney means a written document by which a right holder entrusts its rights to one or more persons to perform duties on its behalf; 12. Principal means a right holder or plant variety owner who entrusts its rights to one or more persons to perform duties on its behalf, for the purpose of filing a plant variety registration application or handling other matters at the Intellectual Property Office; 13. Agent means a lawyer or representative authorized by the plant variety owner to file a plant variety registration application or handle other matters at the Intellectual Property Office; 14. Plant Breeder means an individual who breeds or discovers and develops a plant variety, and may be one or more persons who jointly breed a plant variety under a lawful contract; 15. Plant Variety Breeding or Plant Variety Improvement means crossing the reproductive parts of one or more parent plants, or discovering and developing an existing plant variety, to produce a new plant variety.
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