Regulations of the People's Republic of China on the Protection of New Plant Varieties (Revised in 2014)
Regulations of the People's Republic of China on the Protection of New Plant Varieties (Revised in 2014)
Regulations of the People's Republic of China on the Protection of New Plant Varieties (Revised in 2014)
Order of the State Council of the People's Republic of China [2014] No. 653
July 29, 2014
(Promulgated according to the Order of the State Council No. 213 on March 20, 1997; revised according to the Decision of the State Council on Revising the Regulations of the People's Republic of China on the Protection of New Plant Varieties on January 31, 2013; and revised further in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014.)
Chapter I General Provisions
Article 1 These Regulations are formulated to protect the rights in new plant varieties , to encourage the breeding and use of new plant varieties, and to promote the development of agriculture and forestry.
Article 2 The new plant variety referred to in these Regulations means a cultivated plant variety, or a developed one based on a discovered wild plant, which is new, distinct, uniform and stable, and whose denomination is adequately designated.
Article 3 The administrative departments of agriculture and forestry under the State Council (both referred to hereinafter as the "examining and approving au-thorities") are jointly responsible, according to the division of their job responsibilities, for the receipt and examination of applications for rights in new plant varieties, and for the grant of rights in new plant varieties (hereinafter referred to as "variety rights") in respect of those new plant varieties that conform to the provisions of these Regulations.
Article 4 The people's governments at county level or above or other relevant departments shall reward the entity which or the person who has accom-plished the breeding of a new plant variety that has a bearing on the national or the public interest and is of great value for use.
Article 5 The production, sale and dissemination of a new plant variety in respect of which variety rights have been granted (hereinafter referred to as the "protected variety") is subject to review and approval under the provisions of relevant national laws and regulations on seeds.
Chapter II Content and Ownership of Variety Rights
Article 6 The entity which or the person who has accomplished the breeding has an exclusive right in their protected variety. Except otherwise provided in these Regulations, no other entity or person shall, without the consent of the holder of the variety rights (hereinafter referred to as the "variety rights holder"), produce or sell for commercial purposes the propagating material of the said pro-tected variety, or use for commercial purposes the propagating material of the protected variety in a repeated manner in the production of the propagating material of another variety.
Article 7 In the case of job-related breeding accomplished by any person in undertaking tasks for the entity to which he belongs, or primarily by using the facilities of that entity, the right to file an application for variety rights in respect of the new plant variety shall belong to the entity in question; for breeding that is not job-related, the right to file such an application shall belong to the person accomplishing the breeding.
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