Plant Variety Protection in Practice in Vietnam: The Pains in the Gains Achieved (An assessment of the PVP Law Implementation in Vietnam)

In 2019, SEARICE carried out a research study to assess the impacts of implementing the 1991 Act of the UPOV to various stakeholders in Vietnam since its accession in 2006. The research study was inspired by several other working papers using a multi-stakeholder assessment and focusing on its analysis of lasting effects on developing countries’ seed sector. It was aimed at challenging the claims of UPOV on the effect to the PVP system on annual yield increases of crops in the country. The study revealed that while plant breeding is necessary, agricultural development must be detached from the notion that a draconian plant variety protection law is a fundamental prerequisite. Furthermore, the PVP system showed marginal effects in crop development, is incompatible with the structure of the seed sector and public institutions, and, as it concentrates on rice, may even affect research and development on all other crops. Finally, a sui generis PVP system remains to be the best path to take for Vietnam, and other developing countries considering accession to UPOV.