In the field of agriculture and forestry, plant variety protection grants the author/holder and even a nation opportunity to develop business, expand markets, and attract domestic and foreign investment. However, violations of plant variety rights have become increasingly common. These infringements cause significant losses for the author or holder of plant variety protection. Therefore, Vietnamese lawmakers have established various legal documents and measures to prevent, address, and deter such violations. Compensation for damages is considered a civil remedy for addressing infringement, helping to compensate for and cover the losses caused by violations of plant variety rights to the author or holder of the plant variety protection.
Source: Internet
Under Vietnamese law, a plant variety is a group of plants at the lowest taxonomic level, uniform in morphology, stable through successive generations, and distinguishable by the expression of traits determined by specific genotypes or genotype combinations, differentiating it from any other plant group by at least one inheritable trait. This definition closely aligns with the concept of plant varieties under the International Convention for the Protection of New Varieties of Plants[1].
Therefore, determining rights and protection measures for plant varieties will be more straightforward in case of disputes, both domestically and internationally.
Plant variety rights are the personal rights and property rights of the author or holder of plant variety protection related to the creation, discovery, development, use, transfer to others, inheritance, and protection of those rights when infringed upon.
Infringement of plant variety rights is understood as the illegal use of a plant variety protected by intellectual property law, violating the exclusive rights of the author or holder of plant variety protection. The holder of plant variety protection has the right to use and exploit the property rights associated with the protected plant variety during the protection period or to permit others to do so. This is a legal right recognized and protected by the law[2]. Therefore, if any individual or organization uses these rights without the permission of the plant variety protection holder (except in cases where the rights of the holder are restricted by law for public benefit), it constitutes an infringement of plant variety rights and will be subject to legal consequences.
The responsibility for compensating damages due to infringement of plant variety rights means that any individual or organization engaged in infringing upon the plant variety rights of the holder, as specified in Article 188 of the Intellectual Property Law, will be considered illegal and must compensate the author or holder of the plant variety protection for both material and emotional losses, except in cases where the exclusivity of the holder’s rights is restricted for public interest.
Source: Internet
The nature of liability for damages due to infringement of plant variety rights is considered non-contractual compensation and serves as a sanction with significant objectives, including reflecting the regulatory function of competent state agencies, protecting state and social interests, and preventing and remedying the consequences of illegal acts.
Liability for damages due to infringement of plant variety rights is a legal responsibility with profound legal and social significance, manifested in the following ways:
(i) Protecting the Rights and Interests of the Author/Holder of Plant Variety Protection: The purpose of the author or holder of plant variety protection is to compensate for the material and emotional losses suffered due to infringement. Thus, the system of compensation plays a crucial role in protecting their legal rights and interests, helping to restore their situation to what it was before the infringement occurred.
(ii) Ensuring Social Justice: The principle that the party causing the damage must compensate for the harm done to the plant variety rights holder contributes to social justice. This principle aligns with the legal objective that those who cause damage must make amends, ensuring fairness in the legal system.
(iii) Deterring, Educating, and Preventing Illegal Acts: The system of compensation also serves to deter, educate, and prevent infringement and other illegal acts. It helps promote legal awareness and compliance through strict sanctions, encouraging adherence to the law, protecting communal property, and respecting the legal rights and interests of the author or holder of plant variety protection.
[1] Article 1.
A plant variety is a group of plants within the lowest known taxonomic unit, and this group, regardless of whether the conditions for copyright are fully met, can:
– Be identified based on the expression of traits determined by a specific genotype or a combination of genotypes;
– Be distinguished from any other plant group based on the expression of at least one of the aforementioned traits.
– Considered a plant unit suitable for propagation with traits that remain unchanged.
[2] University of Law, Ho Chi Minh City (2020), Intellectual Property Law Textbook, Edited by: Nguyễn Hồ Bích Hằng and Nguyễn Xuân Quang, Hong Duc Publishing House, p. 453.
By Dang Ngoc Quynh Anh
Trademark Department
