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 (except dried fruits), ornamental plants (except woody), grass, New varieties of plants such as green manures, herbal medicines, edible fungi, algae and rubber trees.
Article 3 In accordance with the provisions of Article 3 of the Regulations, the Ministry of Agriculture is the authority for the examination and approval of new varieties of agricultural plants. In accordance with the provisions of the Regulations, new varieties of agricultural plants shall be granted (hereinafter referred to as variety rights).
The Office for the Protection of Plant Varieties of the Ministry of Agriculture (hereinafter referred to as the Variety Protection Office) undertakes matters concerning the acceptance and examination of applications for variety rights, and is responsible for the testing of new plant varieties and the organization of propagation materials.
Article 4 No variety rights shall be granted to new plant varieties that endanger the public interest and the ecological environment.
Chapter 2 Contents and Ownership of Variety Rights
Article 5 "Propagation materials" as mentioned in the "Regulations" refers to the planting materials or other parts of the plant body that can reproduce the plant, including grains, fruits and roots, stems, seedlings, buds, leaves, etc.
Article 6 Units or individuals applying for variety rights are collectively referred to as applicants for variety rights; units or individuals who have obtained variety rights are collectively referred to as breeder rights holders.
Article 7 The job breeding accomplished by the implementation of the tasks of the unit referred to in Article 7 of the Regulations refers to one of the following situations:
(i) Breeding completed in their own work;
(2) performing the breeding completed by tasks other than their own work delivered by the unit;
(3) Breeding related to the tasks undertaken by the original unit or the task assigned by the original unit completed within 3 years after retiring, retiring, or relocating.
The material conditions of the unit referred to in Article 7 of the Regulations refer to the funds, equipment, test sites, and breeding materials and technical materials owned by the unit that have not been allowed to be disclosed.
Article 8 The persons who have completed the breeding of new varieties as mentioned in Article 8 of the Regulations refer to the units or individuals who have completed the breeding of new varieties (hereinafter referred to as breeders).
Article 9 Persons who complete the cultivation of new varieties (hereinafter referred to as breeders) refer to those who have made creative contributions to the cultivation of new varieties. A person who is only responsible for organizing management work, facilitating the use of material conditions, or engaging in other ancillary work cannot be considered a nurturer.
Article 10 A new plant variety can only be granted one breeder's right.
Where a new plant variety is submitted by two or more applicants for variety rights within the same day, the applicant shall negotiate and determine the ownership of the application right; if no agreement can be reached through consultation, the breed protection office may request the applicant to provide the designated rights within a specified period. Evidence proves that he is the first to complete the breeding of this new breed. If the evidence is not provided within the time limit, the application shall be deemed as withdrawn; the evidence provided is not sufficient as a basis for the decision, and the Variety Protection Office rejects the application.
Article 11 Chinese entities or individuals that transfer their application rights or variety rights to foreigners for new varieties cultivated in China shall apply to the Ministry of Agriculture for examination and approval.
In the case of transfer of the right to apply or variety, the parties shall conclude a written contract and register with the Ministry of Agriculture. The Ministry of Agriculture shall make an announcement and take effect from the date of the announcement.
Article 12 In any of the following circumstances, the Ministry of Agriculture may make a compulsory license decision to implement the variety rights:
(1) The need for national interest or public interest;
(2) The breeder's right person does not implement it without proper reasons and does not permit others to implement it on reasonable conditions;
(3) Although the variety right holders of important crop varieties have been implemented, they obviously cannot meet the needs of the domestic market and do not permit others to implement them on reasonable terms.
To apply for a compulsory license, a request for compulsory license shall be submitted to the Ministry of Agriculture stating the reasons and attaching the relevant supporting documents in duplicate.
The Ministry of Agriculture shall make a decision within 20 working days from the date of receipt of the request. If it is necessary to organize an expert to investigate and demonstrate, the time for investigation and verification must not exceed 3 months. In case of consent to a compulsory license request, the Ministry of Agriculture shall notify the breeder right holder and the requester for compulsory license and make an announcement; if he does not agree with the compulsory license request, the requester shall be notified and the reason shall be explained.
Article 13 In accordance with the provisions of the second paragraph of Article 11 of the "Regulations", if the Ministry of Agriculture applies for the amount of the fee for use, the parties shall submit an application for the award and attach a certification document that fails to reach an agreement. The Ministry of Agriculture shall make a ruling and notify the parties within 3 months from the date of receipt of the application.
Chapter III Conditions for Granting Variety Rights
Article 14 In accordance with the provisions of Article 45 of the Regulations, the plant genus or species listed in the New Plant Variety Protection List shall apply for the variety rights submitted within 1 year from the date of publication of the list, and shall apply for permission from the breeder to apply for In the recent days, when the breeding materials of this species were sold in China for no more than 4 years, in compliance with the specificity, consistency, stability, and naming requirements stipulated in the Regulations, the Ministry of Agriculture may grant variety rights.
Article 15 Sales that fall under Article 14 of the Regulations in any of the following circumstances:
(1) transferring the reproductive materials of the application variety to others by way of sale and purchase;
(2) transferring the reproductive material of the application variety to another person by way of barter;
(3) transferring the reproductive materials of the applied species to others by means of shares;
(4) Signing the production agreement with the breeding materials of the application variety;
(5) Sales by other means.
In any of the following circumstances, it is considered that the breeders authorized by Article 14 of the Regulations are allowed to sell:
(i) Breeders sell themselves;
(B) Internal sales of breeders;
(3) the sale of the breeder's wholly-owned or equity-listed company;
(4) Other circumstances stipulated by the Ministry of Agriculture.
Article 16 The "known plant varieties" mentioned in Article 15 of the "Regulations" shall include the varieties of applications for the approval of variety rights that have passed the preliminary examination, the approval of varieties, or the applications that have been promoted.
Article 17 "Related characteristics or characteristics" as referred to in Articles 16 and 17 of the Regulations refer to at least the traits used for specificity, consistency and stability tests, or the traits to be described when authorized. .
Article 18 No one of the following circumstances shall be used for the naming of new varieties:
(a) only composed of numbers;
(2) Violating national laws or social morality or being ethnically discriminatory;
(c) named after the country's name;
(4) Named after a geographical name of an administrative division above the county level or a foreign geographical name known to the public;
(5) The same or similar name as an inter-governmental international organization or other internationally or nationally recognized organization or logo;
(6) It is easily misunderstood that the characteristics, characteristics of the new plant variety, or the identity of the breeder;
(7) Known names belonging to the same or similar plant genera or species;
(8) Exaggerating publicity.
For varieties that have passed the certification of varieties, or varieties of genetically modified plants that have obtained the "Agricultural Genetically Modified Organism Safety Certificate (Production and Application)", if the species name meets the nomenclature for new plant varieties, the name of the variety for which the variety rights are applied shall be verified with the variety or the safety of agricultural genetically modified organisms. Approved species names are the same.
Chapter IV Application and Acceptance of Variety Rights
Article 19 Where a Chinese entity or individual applies for a variety right, it may directly or entrust the agency to apply to the Variety Protection Office.
Where foreigners, foreign enterprises or other foreign organizations that do not have regular residence in China submit applications for variety rights to the Variety Protection Office, they should entrust the agency to handle them.
When the applicant entrusts an agency to handle the relevant matters such as the application for variety rights, it shall sign a power of attorney with the agency to clarify the entrusted matters and the powers and responsibilities. When an agency submits an application to the Variety Protection Office, it shall submit the applicant's power of attorney at the same time. The Variety Protection Office directly contacts the agency during the acceptance and review process of the above application.
Article 20 In applying for a variety right, the applicant shall submit the request form, the specification and the photo of the variety to the Variety Protection Office in duplicate, and submit electronic documents corresponding to the request and the specification.
The request form and the specification shall be completed in accordance with the uniform format stipulated by the Variety Protection Office.
Article 21 The specification submitted by the applicant shall include the following contents:
(1) the provisional name of the application type, which should be the same as the name of the request;
(B) the Chinese name and Latin name of the genus or species to which the application belongs;
(3) Breeding procedures and breeding methods, including detailed descriptions of the genealogy, breeding process, and the sources and names of the parents or other propagation materials used;
(d) Description of the sales situation;
(5) The approximate species and reasons selected;
(6) A detailed description of the application for variety specificity, consistency and stability;
(7) Description of areas or environments suitable for growth and cultivation techniques;
(8) Comparison table of traits applied for varieties and similar varieties.
The approximate varieties referred to in items (5) and (8) of the preceding paragraph refer to the varieties with the most similar characteristics or characteristics in all known plant varieties.
Article 22 The photos submitted by the applicant shall meet the following requirements:
(a) Photos help explain the specificity of the requested variety;
(b) The comparison of the same trait in the applied variety and the approximate variety should be in the same photograph;
(3) The photographs shall be colored, and if necessary, the Variety Protection Office may request the applicant to provide black and white photographs;
(4) The photo size is 8.5 cm 12.5 cm or 10 cm 15 cm;
(e) Brief textual description of the photograph.
Article 23 If a variety right application document falls under one of the following circumstances, the Variety Protection Office will not accept it:
(1) Not using Chinese;
(b) the lack of one of the request, instructions or photographs;
(3) The request, instructions and photographs do not conform to the format prescribed in these Rules;
(d) Documents not printed;
(5) illegible or altered;
(6) Lack of applicant's and contact person's name (name), address, zip code, or unknown;
(7) The commissioned agent but lacks the power of attorney.
Article 24 Where a unit or individual in China applies a new plant variety cultivated in China to apply for variety rights abroad, it shall apply to the Ministry of Agriculture for registration.
Article 25 Where an applicant claims priority in accordance with the provisions of Article 23 of the Regulations, it shall state in the application the date of application for the application for a variety right for the first time, the application number, and the country or organization that accepted the application. If not stated, it is regarded as not claiming priority. The copy of the first application for variety rights submitted by the applicant shall be confirmed by the original receiving agency.
Article 26 If foreigners, foreign enterprises and other foreign organizations that do not have regular residences or establishments in China apply for variety rights or claim priority, the Variety Protection Office may request the following documents when they consider it necessary:
(1) The applicant is an individual and his nationality certificate;
(2) Where the applicant is a company or other organization, the certificate of the place where the business office or its headquarters is located;
(3) A foreigner, foreign enterprise, foreign country or other country where the organization belongs, recognizes that Chinese entities and individuals may, in accordance with the same conditions of the nationals of that country, have the right to apply for the variety, priority, and other rights related to the variety rights in the country. file.
Article 27 Where an applicant applies for a variety right to a foreign country within 12 months of applying for a variety right to the Varietal Protection Office, it shall be in accordance with the agreement signed by the country or organization with the People's Republic of China or an international treaty to which it participates, or The principle of mutual recognition of priority may require the Variety Protection Office to issue a priority document.
Article 28 In accordance with the second paragraph of Article 19 of the "Regulations", if a new plant variety in which a Chinese unit or individual applies for a variety right involves national security or a major interest needs to be kept confidential, the applicant shall state in the application document that the new variety is After review, the Protection Office will make a decision on whether to handle confidential applications or not, and notify the applicants. If the Office of Variety Protection considers it necessary to keep confidential and the applicant has not indicated it, it shall still handle the applications according to confidentiality and notify the applicant.
Article 29 The application variety breeder materials sent by the applicant shall be consistent with the reproduction materials described in the application documents for variety rights and meet the following requirements:
(a) has not suffered accidental damage;
(B) has not been treated with drugs;
(3) No quarantine pests;
(4) The propagation material sent is grain or fruit, and the grain or fruit should be recently harvested.
Article 30 If the Variety Protection Office deems it necessary, the applicant shall send the application materials and reproduction materials of the approximate species for the examination and testing of the applied varieties. Any application for a variety belonging to a genetically modified variety shall be accompanied by a copy of the "Agricultural Genetically Modified Organism Safety Approval Document" or "Agricultural Genetically Modified Organism Safety Certificate (Production Application)" at the stage of production testing.
The applicant shall send the propagation materials within 3 months from the date of receipt of the notice from the Variety Protection Office. If the materials for propagation are seeds or fruits, they shall be sent to the Plant Variety Protection Center of the Variety Protection Office (hereinafter referred to as the Preservation Center); the vegetative propagation materials such as seedlings, bulbs, tubers, and tubers shall be sent to the breed protection. Office designated testing agency.
Where the number of propagation materials submitted by the applicant is less than that prescribed by the Variety Protection Office, the depository center or the testing agency shall notify the applicant. The applicant shall make up the balance within one month from the date of receipt of the notification. Under special circumstances, the Variety Protection Office has the right to require the applicant to make additional payments when the applicant fails to meet the test or testing requirements after sending the required number of propagation materials.
Article 31: Propagation materials shall be subject to plant quarantine in accordance with relevant regulations. If the quarantine is unqualified or has not been quarantined, the depository center or testing organization will not accept it.
The collection center or testing organization shall issue a written certificate after receiving the reproductive materials sent by the applicant, and complete the testing of the viability etc. within 20 working days from the date of receipt of the reproductive materials (except for plants with dormant periods). If the test is qualified, the applicant shall be issued a written test certificate; if the test fails, the applicant shall be notified within 1 month from the date of receipt of the notification to resend the propagation material and retrieve the unqualified reproductive material. If the person does not get back at the time of expiry, the depository center or the testing agency shall destroy it.
If the applicant fails to send the reproduction materials as required, it shall be deemed as having withdrawn the application.
Article 32. The depositary center and the testing organization shall be responsible for the confidentiality of the reproduction materials of the application variety, and shall prevent the occurrence of accidents such as the loss or theft of breeding materials. No one may replace the inspection and reproduction materials. In the event of the loss, theft, or replacement of reproductive materials, the responsibility of the relevant personnel shall be investigated according to law.
Regulations of the People's Republic of China on the Protection of Plant Varieties Regulations 2/2
Source: Category: Technical Articles Update Time: 2008-8-12 16:16:23 Read the review and approval of 12 varieties of sequential chapters
Article 33 If one of the following circumstances occurs during the preliminary examination, substantive examination, reexamination and invalidation declaration procedure, the party concerned or any other interested party may request to withdraw from it:
(1) being a close relative of a party or his agent;
(2) having direct interest in the application for variety rights or variety rights;
(3) Having other relationships with the parties or their agents, which may affect the fair review and trial.
The avoidance of examiners is decided by the Variety Protection Office, and the avoidance of reviewers is decided by the director of the Plant Variety Review Committee.
Article 34 Where an application for a plant variety right includes more than two new varieties, the breed protection office shall require the applicant to file a divisional application. If the applicant has not made a division amendment to his application within a specified time limit or has not answered the application within the time limit, he shall be deemed to have withdrawn his application.
The applicant may, according to the divisional application requested by the Variety Protection Office, retain the original filing date; if it has priority, it may retain the priority date. However, the scope of the existing content of the original application document must not be exceeded.
Divisional applications shall be handled in accordance with the provisions of the Regulations and these Rules.
The request for a divisional application shall state the application number and date of filing of the original application. If the original application has priority, a copy of the original application must be submitted.
Article 35 The Variety Protection Office shall conduct a preliminary review of the following contents of the application for variety rights:
(1) whether it complies with Article 27 of the Regulations;
(b) Whether the selected approximate species is appropriate; whether the parents of the applied species or other sources of reproductive materials are publicly available.
The species protection office shall notify the applicant of the review opinions. If the breed protection office is in doubt, it may require the applicant to state its opinions or make corrections within a specified period of time; if the applicant fails to reply, it shall be deemed to have withdrawn the application. After the applicant has stated its opinions or made corrections, if the Variety Protection Office believes that it still does not meet the requirements, it shall reject the application.
Article 36. In addition to the application documents for variety rights, any person who submits to the Varietal Protection Office the materials related to the application for the variety rights shall be deemed not to have been brought under any of the following circumstances:
(1) Failing to use the prescribed format or filling out the requirements;
(b) Failing to submit the certification materials as required.
If the parties submit materials in person, the handling personnel shall return the defects directly after explaining the defects in the materials; if submitted through the post office, the species protection office shall return the inspection opinions deemed not to have been submitted together with the raw materials; if the mailing address is unclear, the announcement shall be adopted. return.
Article 37 From the date of the application for a variety right to the date of granting the variety right, any person may have the right to a variety that does not comply with Article 8, 13 to 18 of the Regulations, and Article 4 of these Rules. Apply for an objection to the Variety Protection Office and provide relevant evidence and explanations. If no relevant evidence is provided, the breed protection office will not accept it.
Article 38 Without the approval of the Variety Protection Office, the applicant may not modify the following contents of the application documents before granting the variety rights:
(1) The name of the application variety, the parent of the application variety or the name and source of the other propagation materials and the breeding method of the application variety;
(2) The earliest sales time of the application;
(3) The specificity, consistency, and stability of the applications.
The revised part of the application documents for variety rights shall be submitted in the form of a replacement in addition to any amendments to or additions to individual texts.
Article 39 The Variety Protection Office shall be responsible for the substantive examination of the application for variety rights and notify the applicant of the examination opinions. The species protection office may request the applicant to state its opinions or make corrections within a specified period of time according to the needs of the review. If the applicant does not respond within the time limit, it shall be deemed as withdrawing the application.
Article 40 In accordance with the provisions of the Regulations and these Rules, the application for a variety right shall be rejected after it has been substantively examined:
(1) failing to comply with one of the provisions of Articles 8 and 13 to 17 of the Regulations;
(2) Belonging to the provisions of Article 4 of these Rules;
(3) Failing to meet the naming requirements, the applicant did not comply with the requirements of the Variety Protection Office;
(4) After the applicant has stated its opinions or made corrections, the Variety Protection Office does not believe that it still meets the requirements.
Article 41 After the Variety Protection Office issues a notice to handle the formalities for granting variety rights, the applicant shall handle the relevant formalities and pay the first annual fee within 2 months from the date of receipt of the notification. The Ministry of Agriculture grants variety rights, issues variety rights certificates, and makes public announcements. Variety rights come into effect on the date of the announcement of authorization.
If the application is not completed at the expiry date, it shall be deemed as a waiver of the right to obtain the variety rights.
Article 42 The Committee for Review of New Varieties of Plants of the Ministry of Agriculture shall be responsible for the review of cases of rejection of applications for rejected variety rights, cases of invalid declaration of variety rights and cases of authorized variety rebranding. Specific regulations will be formulated separately by the Ministry of Agriculture.
Chapter VI: Submission, Delivery and Duration of Documents
Article 43 All kinds of documents submitted in accordance with the provisions of the "Regulations" and these Rules shall be in Chinese, and shall adopt scientific and technical terms and specifications prescribed by the State. Where foreigner names, place names and scientific and technical terms do not have a unified Chinese translation, the original text shall be marked.
If the various documents and supporting documents submitted in accordance with the provisions of the "Regulations" and these Rules are foreign, they shall be accompanied by a Chinese translation; if they are not attached, they shall be deemed as not having submitted the supporting documents.
Article 44 The various documents submitted by the parties to the Variety Protection Office shall be printed or printed. The writings shall be black and neat and clear. The text part of the application document should be written horizontally, and the paper can only be used on one side.
Article 45: The various documents submitted by the parties and other formalities for handling shall be signed or sealed by the applicant, the variety rights holder, other interested parties or their representatives; where the agency is entrusted, the agency shall stamp the seals. Requests for changes in the names, titles, nationalities, addresses, names of agencies, and names of applicants and breeder applicants and variety rights holders shall be made to the Variety Protection Office for the change of the description of the items, together with the reason for the change. Evidence.
Article 46 When the parties submit various materials, they may submit the materials directly or by mail. When sending mail, a registered letter should be used, parcels must not be used, and a single letter should only contain relevant materials for the same application. In case of mailing, the postmark date on which the mail is sent is the filing date. If the date of the postmark sent on the envelope is not clear, the date of receipt by the Variety Protection Office shall be the date of filing unless the party can provide proof.
The various documents of the Variety Protection Office may be sent to the parties by mail, directly or through an announcement. If the party entrusts the agency, the documents shall be sent to the agency; if the agency is not entrusted, the documents shall be sent to the address and addressee of the addressee or the first signatory or representative. If the party refuses to receive the document, the document is deemed to have been delivered.
All kinds of documents mailed by the Variety Protection Office shall be regarded as the date on which the documents were received by the parties on the 15th day after the documents were issued.
In accordance with the provisions of the documents that should be sent directly, the date of delivery shall be the date of service. If the address of the document is unclear and cannot be mailed, it can be served to the parties by way of an announcement. Two months from the date of the announcement, the document is deemed to have been delivered.
Article 47 The first day of various time limits specified in the "Regulations" and these Rules shall not be counted in the time limit. If the time limit is calculated in terms of years or months, the corresponding date of the last month shall be the expiry date; if the month does not have a corresponding date, the last day of the month shall be the expiry date. If the expiration date is a statutory holiday, the first working day after the holiday is the expiration date.
Article 48 If the party delays the “Regulations†or the time limit specified by the Variety Protection Office due to force majeure, resulting in the loss of its rights, within 2 months from the date of the elimination of the obstacle, the time limit expires at the latest. Within two years from the date, the reasons for the restoration of their rights can be explained to the Variety Protection Office with the supporting documents attached.
If the party delays the time limit specified in the “Regulations†or these Regulations or the period specified by the Variety Protection Office for legitimate reasons, resulting in the loss of its rights, it may explain the reasons to the Variety Protection Office within 2 months from the date of receipt of the notice and request to restore it. right.
If the party requests the extension of the designated period of the Variety Protection Office, it shall explain the reasons to the Variety Protection Office and go through relevant formalities before the expiration of the time limit.
The provisions of paragraphs 1 and 2 of this Article do not apply to Article 14, Article 23, Article 32, Article 2, Article 3, Article 34, Article 37, Article 2 of the Regulations. The period specified in the paragraph.
Article 49. In addition to the provisions of Article 22 of the Regulations, where there is priority in the application date mentioned in the Regulations, it refers to the priority date.
Chapter 7 Fees and Gazette
Article 50 When applying for variety rights and handling other formalities, it shall pay application fees, examination fees, and annual fees to the Ministry of Agriculture in accordance with relevant state regulations.
Article 51 The fees stipulated in the "Regulations" and these Rules may be paid directly or through the post office or bank remittance.
If remittances are made through a post office or bank, the name of the variety shall be indicated. At the same time, a copy of the remittance voucher shall be faxed or mailed to the Variety Protection Office, and the application number or breeder number of the fee, the name of the applicant or the breeder’s right holder shall be stated. Name, expense name.
If remittances are made through the post office or bank, the remittance day is the payment date.
Article 52 In accordance with the provisions of Article 24 of the Regulations, the applicant may pay the application fee at the same time as the application for the variety right, but the application fee shall be paid within one month from the date of the application, and the application period will not be completed. If paid or not paid, it shall be deemed to be withdrawn.
Article 53 After an application for a variety right that passes the preliminary examination, the applicant shall pay a review fee within the prescribed time limit in accordance with the notice of the Varietal Protection Office. Those who fail to pay or have not paid up the time limit shall be deemed to withdraw their applications.
Article 54 The applicant shall pay the annual fee for the first year of granting the variety right before obtaining the variety right certificate. The future annual fee should be prepaid within one month before the expiration of the previous one year.
Article 55 If the variety right holder fails to pay the annual fee after the first year of granting the variety right, or if the amount paid is insufficient, the species protection office shall notify the applicant within six months from the date on which the annual fee should be paid. If payment is not paid, the variety right will terminate as of the expiration of the period for which the annual fee is due to be paid.
Article 56 The Variety Protection Office shall regularly publish the Bulletin for the Protection of New Plant Varieties and announce the relevant contents of the variety rights.
Chapter VIII Supplementary Provisions
Article 57 The acts of counterfeiting of authorized varieties referred to in Articles 40 and 41 of the Regulations refer to one of the following circumstances:
(1) Printing or using falsified variety right certificates, variety right titles, variety rights numbers, or other variety rights application marks and variety rights marks;
(2) Application marks or other types of application rights for printing or use of variety rights that have been rejected, deemed withdrawn or withdrawn;
(3) Variety rights certificates, variety rights numbers or other variety rights marks for the printing or use of variety rights that have been terminated or declared invalid;
(4) Producing or selling the varieties marked in items (1), (2) and (3) of this article;
(5) varieties that produce or sell applications for impersonation rights or authorized varieties;
(6) Other behaviors that are sufficient to enable others to mistakenly apply for non-varietal rights or unauthorised varieties as an application for variety rights or authorized varieties.
Article 58 The administrative department of agriculture shall, in accordance with the provisions of Article 41 of the Regulations, deal with the propagation of plant material that has been seized or detained within 1 month.
Article 59 Where a party has filed a lawsuit in a people's court due to a dispute over the right to apply for a variety or variety rights, and the people's court has accepted it, it may request the Variety Protection Office to suspend the relevant procedures.
To apply for suspension of the relevant procedures in accordance with the provisions of the preceding paragraph, an application shall be submitted to the Variety Protection Office and a copy of the People's Court's relevant documents shall be attached.
After the judgment rendered by the people’s court has taken effect, the parties shall request the Variety Protection Office to resume the relevant procedures. Within one year from the date of suspension of the request, if the dispute concerning the right to apply for a variety or the ownership of a variety right is not settled and the relevant procedure needs to be suspended, the requester shall request an extension of the suspension within that period. If no extension is requested at the expiry date, the Variety Protection Office may resume the relevant procedures on its own.
Article 60 The case file of an application for a variety right that has been deemed to have been withdrawn, rejected and voluntarily withdrawn shall not be kept after two years from the date of the lapse of the application for the variety right.
The variety right case file that has been declared invalid shall not be kept after three years from the date of the expiration of the variety right since the day when the variety right was declared invalid.
Article 61 These Rules shall come into force on January 1, 2008. The Regulations for the Implementation of the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (Agriculture Section) issued by the Ministry of Agriculture on June 16, 1999 was repealed at the same time.
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