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Implementing Rules for the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (Agriculture Part).

Country/Territory
China
Document type
Regulation
Date
1999
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Plant production Plant variety Intellectual property rights/patents Agricultural commodities Agricultural development Breeders' rights/farmers' rights Certification
Geographical area
Asia, Asia and the Pacific, East Asian Seas, Eastern Asia, North Pacific, North-West Pacific
Entry into force notes
These Rules shall enter into force on April 27, 1999.
Abstract

These Rules are formulated in accordance with the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (Agriculture Part). Rule 2 regulates the scope of the new varieties of agricultural plants that shall include those of grains, cotton, oil seeds etc., the provisions of these Rules shall apply to the protection of new varieties of edible fungi. The Ministry of Agriculture is nominated as the authority responsible for the examining and approving rights in new varieties of agricultural plants. The Office for the Protection of New Varieties of Agricultural Plants under the Ministry of Agriculture shall undertake the tasks of receiving and examining applications for variety rights, and shall deal with other related matters. These Rules provide the criteria and conditions for the granting of the variety rights, the working procedures for the receiving, examining and approving of the applications for the rights, and the procedure for the termination of the rights according to any invalidation request. Further rules establish the fees and gazette.

Full text
Chinese
Website
www.pkulaw.cn

References - Legislation

Implements

Regulations of the People's Republic of China on the protection of new varieties of plants.

Legislation | China | 1997

Keyword: Breeders' rights/farmers' rights, Authorization/permit, Offences/penalties, Intellectual property rights/patents, Plant production, Plant variety

Source: FAO, FAOLEX

Implemented by

Regulations of the Ministry of Agriculture on the Work of the Reexamination Board for New Varieties of Plants.

Legislation | China | 2001

Keyword: Intellectual property rights/patents, Authorization/permit, Institution

Source: FAO, FAOLEX