Regulations of the People's Republic of China on the Protection of New Plant Varieties

**Regulations of the People's Republic of China on the Protection of New Plant Varieties** Source: Category: Technical Articles | Update Time: 2008-8-12 16:15:51 | Read 13 times **Protection of New Varieties of Plants – People’s Republic of China Implementing Rules** **(Agriculture Section)** **Chapter 1 General Provisions** Article 1: These rules are formulated in accordance with the Regulations of the People’s Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the “Regulations”). Article 2: New varieties of agricultural plants include grain, cotton, oil, hemp, sugar, vegetables (including melons), tobacco, mulberry, tea, fruit trees (excluding dried fruits), ornamental plants (excluding woody), grass, green manures, herbal medicines, edible fungi, algae, and rubber trees. Article 3: According to Article 3 of the Regulations, the Ministry of Agriculture is responsible for examining and approving new plant varieties. The Office for the Protection of Plant Varieties under the Ministry of Agriculture (referred to as the Variety Protection Office) manages applications, conducts tests, and oversees propagation materials. Article 4: No variety rights shall be granted if the new plant variety poses a threat to public interest or the ecological environment. **Chapter 2 Contents and Ownership of Variety Rights** Article 5: "Propagation materials" refers to plant parts that can reproduce the plant, such as seeds, fruits, roots, stems, seedlings, buds, and leaves. Article 6: Applicants and holders of variety rights are collectively referred to as applicants and breeders. Article 7: Job breeding includes work completed within one’s duties, tasks assigned by the unit, or projects related to previous roles within three years after retirement. Article 8: Individuals who complete the breeding of new varieties are considered breeders. Article 9: Those who make creative contributions to the cultivation of new varieties are recognized as breeders. Management or administrative roles do not qualify. Article 10: Each new plant variety may only receive one breeder’s right. In case of multiple applicants, they must negotiate; otherwise, the application may be rejected. Article 11: Chinese entities transferring their rights to foreigners must apply for approval from the Ministry of Agriculture. Article 12: The Ministry of Agriculture may issue compulsory licenses for national interest, non-use of rights, or market shortages. Applications must include reasons and supporting documents. Article 13: If a dispute arises over the use fee, the Ministry of Agriculture will rule within three months. **Chapter 3 Conditions for Granting Variety Rights** Article 14: Applications must meet specificity, consistency, stability, and naming requirements. Sales of propagation materials must comply with time limits. Article 15: Sales include transfers through purchase, barter, shares, production agreements, or other means. Authorized sales include self-sales, internal sales, or sales by subsidiaries. Article 16: Known plant varieties include those approved, promoted, or submitted for review. Article 17: Related characteristics refer to traits used in testing or description. Article 18: Names cannot be numbers-only, violate laws, or mislead. Genetically modified varieties must follow safety regulations. **Chapter 4 Application and Acceptance of Variety Rights** Article 19: Chinese applicants may apply directly or through an agency. Foreign applicants must use an agency. Article 20: Applications require a request form, specification, and photos, along with electronic files. Article 21: Specifications should include provisional names, genus/species, breeding methods, sales status, comparisons, and trait descriptions. Article 22: Photos must show distinct features, be colored, and match size and format requirements. Article 23: Documents not in Chinese, incomplete, or illegible will not be accepted. Article 24: Chinese applicants seeking foreign rights must register with the Ministry of Agriculture. Article 25: Priority claims must include original application dates, numbers, and countries. Article 26: Foreign applicants may need to provide nationality, business location, or recognition documents. Article 27: Priority documents may be issued based on international agreements. Article 28: Confidential applications must be reviewed and notified. Article 29: Propagation materials must be undamaged, free of pests, and recently harvested. Article 30: Materials must be sent to designated centers or agencies for testing. Article 31: Quarantined materials must be accepted, tested, and certified. Unsent materials are deemed withdrawn. Article 32: Propagation materials must be kept confidential, and any loss or theft must be investigated. **Chapter 5 Review and Examination Procedures** Article 33: Parties may request recusal if there is a conflict of interest. Article 34: Multiple varieties require divisional applications. Failure to respond leads to withdrawal. Article 35: Preliminary reviews check compliance and selection of comparison species. Article 36: Incorrect formats or missing documents will not be accepted. Article 37: Any party may object to an application, provided evidence is presented. Article 38: Modifications to application content are restricted before granting rights. Article 39: Substantive examination determines whether the application meets criteria. Article 40: Rejected applications include those violating regulations, failing naming standards, or not meeting requirements. Article 41: After notice, applicants must pay fees and complete formalities within two months. Article 42: The Review Committee handles rejections, invalidations, and rebranding cases. **Chapter 6 Submission, Delivery, and Duration of Documents** Article 43: All documents must be in Chinese, using standard technical terms. Foreign documents require translations. Article 44: Documents must be printed, clear, and signed by the applicant or representative. Article 45: Materials may be submitted directly or by mail, with proper postage and identification. Article 46: Mailed documents are considered received on the postmark date. Unclaimed documents are deemed delivered. Article 47: Time limits exclude the first day, and holidays extend deadlines. Article 48: Delays due to force majeure may allow for restoration of rights with proof. Article 49: Priority dates apply to applications filed under the Regulations. **Chapter 7 Fees and Gazette** Article 50: Fees for applications, examinations, and annual payments must be paid to the Ministry of Agriculture. Article 51: Payments may be made via post or bank, with remittance details included. Article 52: Application fees must be paid within one month of submission. Article 53: Review fees must be paid within the specified period. Article 54: Annual fees must be paid before receiving the certificate. Article 55: Failure to pay results in termination of the variety right. Article 56: The Variety Protection Office publishes bulletins announcing rights and related information. **Chapter 8 Supplementary Provisions** Article 57: Counterfeiting authorized varieties includes falsifying certificates, marks, or selling counterfeit products. Article 58: Agricultural authorities must handle seized plant materials within one month. Article 59: Court cases may lead to suspension of procedures, with requests and court documents required. Article 60: Case files are retained for two or three years, depending on the outcome. Article 61: These rules take effect on January 1, 2008, replacing previous regulations.

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