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

Country/Territory
China
Document type
Regulation
Date
1997
Source
FAO, FAOLEX
Subject
Forestry, Cultivated plants
Keyword
Breeders' rights/farmers' rights Authorization/permit Offences/penalties Intellectual property rights/patents Plant production Plant variety
Geographical area
Asia, Asia and the Pacific, East Asian Seas, Eastern Asia, North Pacific, North-West Pacific
Entry into force notes
These Regulations entered into force on 1 October 1997.
Abstract

These Regulations aim at protecting the rights in new varieties of plants, encouraging the breeding and use of new varieties of plants, and promoting the development of agriculture and forestry. The "new variety of plant" referred to in these Regulations, means a cultivated variety, or a developed one based on a discovered wild plant, which possesses novelty, distinctness, uniformity and stability, and which is designated by an adequate denomination" (art. 2). The receipt and examination of application for rights in new varieties of plants and the granting of variety rights are entrusted to the administrative departments of agriculture and forestry under the State Council. Further provisions establish the content and ownership of variety rights, the conditions for the grant of, and the application for, variety rights, the examination, approval, term, termination and nullity of variety rights.

Full text
English
Website
www.lawinfochina.com

References - Legislation

Implemented by

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

Legislation | China | 1997

Keyword: Plant production, Plant variety, Intellectual property rights/patents

Source: FAO, FAOLEX

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

Legislation | China | 1999

Keyword: Plant production, Plant variety, Intellectual property rights/patents, Agricultural commodities, Agricultural development, Breeders' rights/farmers' rights, Certification

Source: FAO, FAOLEX

Directory of the People's Republic of China on the Protection of New Varieties of Plants (Agriculture Part) (IX).

Legislation | China | 2013

Keyword: Plant protection, Plant variety, Intellectual property rights/patents

Source: FAO, FAOLEX

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

Amended by

Decision of the State Council on Amending the Regulation of the People's Republic of China on Protection of New Varieties of Plants (2013).

Legislation | China | 2013

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

Source: FAO, FAOLEX