CẠN QUYỀN ĐỐI VỚI GIỐNG CÂY TRỒNG THEO PHÁP LUẬT VIỆT NAM

Abstract

Abstract: The 2005 Intellectual Property Law, amended 2009, 2019 and 2022 (the
IP Law), stipulates a number of limitations on the rights to plant varieties, such as
exceptions that do not infringe those rights or requirements concerning the transfer of
rights to use plant varieties. Among these limitations, there is a provision that the rights
to plant varieties do not apply to acts relating to materials of protected plant varieties
that are sold or otherwise lawfully placed on the Vietnamese or foreign markets by the
owner of the protection certificate or a person authorised by the owner of the protection
certificate. This provision gives concrete effect to the doctrine of intellectual property
exhaustion – a doctrine of intellectual property that emerged in the 19th century and has
been recognized and incorporated into the laws of many countries, including Vietnam.
Through this article, the authors clarify the characteristics of the exhaustion of rights to
plant varieties and analyze the limited effectiveness of the current provisions on the
exhaustion of rights to plant varieties, thereby proposing directions for improving
Vietnam's intellectual property legislation.
Keywords: Intellectual Property Law; the exhaustion doctrine; rights to plant
varieties; the UPOV Convention.