People's Republic of China promulgated by Decree No. 635

　　　　　　　　　　　　　　　　　　　　　　
　The State Council on changes of People's Republic of China regulations on the protection of new varieties of plants of Executive meeting of the State Council on January 16, 2013 No. 231 of the decision adopted, promulgated and take effect on March 1, 2013.
　　　　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao
　　State Council on January 31, 2013, on amending the People's Republic of China regulations on the protection of new plant varieties decision

Decision of the State Council of the People's Republic of China regulations on the protection of new varieties of plants to the following modifications: A, and will 39th article third paragraph modified for: "provincial above government agricultural, and forestry administrative sector according to their of terms processing varieties right infringement case Shi, for maintenance social public interests, can ordered infringement people stop infringement behavior, confiscated illegal proceeds and plant varieties breeding material; goods value amount 50,000 yuan above of, can at goods value amount 1 time times above 5 times times following of fine; no goods value amount or goods value amount 50,000 yuan following of, according to plot weight, can at 250,000 yuan following of fine.

” II, and will 40th article modified for: "fake authorized varieties of, by County above government agricultural, and forestry administrative sector according to their of terms ordered stop fake behavior, confiscated illegal proceeds and plant varieties breeding material; goods value amount 50,000 yuan above of, at goods value amount 1 time times above 5 times times following of fine; no goods value amount or goods value amount 50,000 yuan following of, according to plot weight, at 250,000 yuan following of fine; plot serious, constitute crime of, law held criminal.

”

　 This decision shall take effect on March 1, 2013.

People's Republic of China regulations on the protection of new plant varieties in accordance with this decision be revised and republished.
　　People's Republic of China regulations on protection of new varieties of plants
　　(March 20, 1997 People's Republic of China promulgated by Decree No. 213, released on January 31, 2013, the State Council on changes of People's Republic of China decision on amendments to regulations for the protection of new varieties of plants) Chapter I General provisions

First right for the protection of new varieties of plants, encourage the cultivation and use of new plant varieties, promote the development of agriculture, forestry, this Ordinance is enacted.

New plant varieties referred to in article II of this Ordinance refers to a cultured or wild plants to develop, possess novelty, distinctness, uniformity and stability and the availability of appropriate naming of plant varieties.

Article III agriculture and forestry administrative departments of the State Council (hereinafter referred to as approval authority) applications for new plant variety right in accordance with the Division of responsibilities are jointly responsible for receive and review and comply with the provisions of this Ordinance granting rights to new varieties of plants new varieties of plants (hereinafter referred to as varieties).

Article fourth completed national interests or public interests and there is significant value in breeding new varieties of plants of units or individuals, relevant departments of the people's Government at or above the county level shall give awards.

Fifth production, sales and promotion were granted rights of new varieties of plants (hereinafter referred to as a protected variety), shall, in accordance with relevant provisions of seed laws and regulations of the State of the validation.
　　Chapter II content of varieties right and belonging Sixth complete units or individuals breeding on the protected variety, enjoys an exclusive monopoly.

No unit or individual without the owner (hereinafter referred to as variety right owner) permission, may not be produced or sold for commercial purposes the propagation material of the protected variety shall not be for commercial purposes would repeat the propagating material of the protected variety used for the production of propagation material of another variety, but, except as otherwise provided in this Ordinance. Article seventh delivery of the unit's tasks or uses functions performed by the material conditions of the units and breeding, applications for new plant variety right belonging to the unit non-duty breeding, applications for new plant variety right is personal to complete the breeding.

After the application is approved the variety right belonging to the applicant.

Entrust breeding or breeding cooperation, ownership of the right stipulated in the contract by the parties without contract, variety rights belong to the commissioned or completed breeding units or individuals. Article eighth one can only grant rights to a variety of new plant varieties.

Two or more applicants are the same right to apply for a variety of new plant varieties, grant applications in the first person, applying for, and grant were the first people to complete the breeding of new varieties of plants.

Nineth applications for new plant variety rights and variety rights can be transferred according to law.

Chinese units or individuals in the domestic cultivation of new varieties of plants transferred to foreigners the right to apply for or rights shall be approved by the approving authority.

Right to apply for transfer of State-owned units in China, or right, should be in accordance with the relevant provisions of the State reported to the competent administrative Department for approval.

Right to transfer the right to apply for or, the parties concerned shall enter into a written contract and registered to the approving authority, shall be published by the approving authority.

Article tenth use authorization in the following circumstances, without permission of the variety rights, does not pay the fees, but must not violate the right to enjoyment of the other rights of the person in accordance with this Ordinance:

(A) the use of the protected variety for breeding and other scientific research activities;

(B) farmers breeding their own use the propagating material of the protected variety.

11th in the national interest or the public interest, the approving authority may decide to implement compulsory license for exploitation of new varieties of plants, and shall be registered and announced.

Obtain a compulsory license units or individuals to be paid to the variety right owner reasonable fees, the amount agreed upon by the parties; the two sides fail to reach an agreement, decision by the approving authority.

Variety right owner on compulsory licensing decision or refuses to accept the decision of the compulsory license fee, he may, within 3 months from the date of receipt of the notification to the court proceedings.

12th regardless of whether the authorized term of protection expired, selling the protected variety shall use its registered name.
　　Chapter III right to grant conditions 13th applications for plant variety rights should belong to the national register of plant varieties protection of new varieties of plants listed in the genus or species.

Plant variety protection list is determined and published by the approving authority. Granted in article 14th new variety right of plant varieties shall meet the requirements of novelty.

Novelty, refers to the right to apply for a variety of new plant varieties at the date of application the variety propagation material is not marketed, or permission of the breeder, propagating material of the varieties sold in China is not more than 1 year outside China sales of vines, trees, fruit trees and ornamental trees variety propagation material is not more than 6 years, sales of other plant variety propagation material is not more than 4 years. 15th grant of plant variety rights shall meet the specificity of new varieties.

Specificity, refers to the right to apply for a variety of new plant varieties should be distinct from submitting applications previously known species of plants. 16th grant of plant variety rights should have the consistency of new varieties.

Consistency refers to the right to apply for a variety of new plant varieties through breeding, apart from the predictable variation, and its related characteristics or features. 17th section shall meet the stability of new varieties of plant variety rights.

Stability refers to the right to apply for a variety of new plant variety after repeated propagation or in particular at the end of the reproductive cycle, their related characteristics or properties remain the same. Article 18th gives new variety right of plant varieties should possess an appropriate name, and with the same or a similar plant is distinguished from known varieties or species name.

The name was registered after the generic name of new varieties of plants.

The following names shall not be used for species:

(A) of numbers only;

(B) the violation of public morality;

(Iii) the characteristics of the new plant variety, characteristics or the identity of the breeder of misleading.
　　The fourth chapter variety right application and acceptance

19th Chinese units and of the right of individual application, direct or authorize the Agency to apply to the approval authority.

Chinese units and individuals to apply for new variety right of plant varieties involving national security or other vital interests require secrecy, should be in accordance with the relevant provisions of the State.

Article 20th foreigner, foreign enterprise or other foreign organization apply for variety rights in China, it shall state to which it belongs and the People's Republic of China signed agreements or joint participation in international treaties, or in accordance with the principle of reciprocity, in accordance with these regulations shall be followed.

Article 21st of variety rights, shall submit to the approval authority meet the formatting requirements for the request, a description and photos of this species.

Application documents shall be in Chinese writing.

22nd approval authority for the variety right application documents before the date of filing application is sent by mail, with date of postmark date as the date of filing.

23rd applicant free of foreign variety right was put forward for the first time within 12 months from the date of the application, and variety right application with the Chinese on the new varieties of plants, in accordance with the foreign People's Republic of China signed agreements or joint participation in international treaties, or on mutual recognition of the principle of priority can be given priority.

The applicant claims the right of priority shall submit, at the request in writing, and submitted within 3 months after the original acceptance authority confirmed the variety right application documents submitted for the first time a copy of the written statement in accordance with the provisions of this Ordinance or a copy of the submitted application documents, shall be deemed not to claim priority.

Article 24th in accordance with the provisions of section 21st variety right application, the approving authority shall be admissible, a clear filing date, application number, and notified within 1 month from the date of receipt of the application the applicant pay the application fee.

Does not meet or revision is still not in conformity with the provisions of section 21st variety right application, approval authorities was inadmissible, and notify the applicant accordingly.

25th applications can be processed before the grant of the right to modify or withdraw the variety right application.

26th Chinese units or individuals of domestic cultivation of new varieties of plants to the right to apply for a variety of foreign countries, shall be registered to the examination and approval authority.
　　Fifth chapter of variety rights review and approval

27th applicant pay the application fee, the approval authority the right to apply for a preliminary review of the following:

(A) whether it is a directory of plant variety protection range of the plant genus or species identified;

(B) compliance with the provisions of section 20th;

(C) meet the requirements of novelty;

(D) the appropriateness of the naming of new varieties of plants. 28th approval authority shall accept the right to the application within 6 months from the date of completion of preliminary review.
Variety right application to preliminary examination and approval authorities shall make public announcement, and notify the applicant to pay the examination fee within 3 months.

Failed to pass the preliminary examination of applications, approval authority shall notify the applicant within 3 months of making a statement or amendment fails to reply or amend still does not pass the application shall be rejected.

Applicant in accordance with the provisions of article 29th after paying review fees, approval authority the right to apply for the specificity of substantive review, consistency and stability.

The applicant fails to pay the examination fee, variety right application shall be deemed withdrawn. 30th approval authority according to the application documentation and other written materials for examination as to substance.

Approval authority considers it necessary, may authorize designated testing body for testing or investigation has been completed the planting or other test results.

Review required, the applicant should be provided according to the requirements of the approval authority the necessary information and the reproductive material of new varieties of plants.

31st of the variety right application of substantive examination in accordance with the provisions of this Ordinance, the approval authority shall grant the right to decide, issue rights certificates, and shall be registered and announced.

After examination as to substance does not comply with the provisions of this Ordinance variety right application, approval authority be dismissed, and notify the applicant accordingly.

Article 32nd approval authority for the establishment of a new plant variety review committees. Rejected variety right application to the approving authority disagrees with the decision, the applicant may within 3 months from the date of receipt of the notification, request for review to the Commission review of new varieties of plants.

New plant varieties reexamination Board shall, within 6 months from the date of receipt of the request for reexamination decision and notify the applicant accordingly.

Applicant disagrees with the decision of the Review Committee for new varieties of plants, from the date of receiving notification of the initiate litigation to the people's Court in the 15th.

Article 33rd after the grant of the right, since the preliminary examination the date of the announcement up to the date of the grant of rights during without permission from the applicant, for commercial purposes or sell the units and individuals propagating material of the protected variety, breed who enjoy a right of recourse.
　　The sixth chapter duration, cessation and invalidation

Article 34th variety right protection period from the date of authorization, vines, trees, fruit trees and ornamental trees for 20 other plant for 15 years.

35th variety right owner shall be granted right to pay an annual fee beginning with the year, and in accordance with the requirements of the approval authority provided for the detection of the propagating material of the protected variety.

36th under any of the following circumstances, before the expiration of the term of protection of the right to terminate:

(A) in writing renounces the right of variety rights;

(B) fails to pay an annual fee in accordance with the provisions of the right;

(C) the variety right owner detection is not provided in accordance with the requirements of the approval authority required the propagating material of the protected variety;

(D) test the protected variety no longer meet was awarded the right features and characteristics.

Termination of variety rights, registered and announced by the approving authority. 37th from the date of approval authority for the announcement of the grant of rights, plant variety Review Committee ex officio or based on the written request of any units or individuals, are not subject to this Ordinance, 14th, 15th, 16th and 17th article, right to declare invalid; do not conform to the provisions of section 18th, to be renamed.

The decision declaring the variety right null and void or changed its name, registered and announced by the approval authority and notify the parties.

New plant varieties is dissatisfied with a decision of the Review Committee, he may, within 3 months from the date of receipt of the notification to the court proceedings.

Article 38th considered the right to be declared null and void does not exist from the very beginning.

Declared varieties right invalid of decided, on in declared Qian Court made and has implementation of plant new varieties infringement of judgment, and ruled, provincial above government agricultural, and forestry administrative sector made and has implementation of plant new varieties infringement processing decided, and has perform of plant new varieties implementation license contract and plant new varieties right transfer contract, not has dates back force; but, for varieties right people of malicious to others caused loss of, should give reasonable compensation.

In accordance with the provisions of the preceding paragraph, variety or varieties does not transfer the right to the licensee or person or assignee to return fee or transfer fee, in clear violation of the principle of equity, rights or rights of the transferred person shall provide the licensee or assignee to repay the whole or part of the fee or transfer fee.
　　The seventh chapter penalty

39th without the permission of the rights, commercial production or marketing reproductive material of the protected variety, variety right owner or other interested person may request the people's Governments above provincial level agricultural processing, forestry administrations in accordance with their respective terms of reference, or you can directly initiate litigation to the people's Court. Agriculture and forestry administration departments at or above the provincial level according to their respective areas of competence, based on the principles of voluntary, for damages caused by the infringement can mediate.

A conciliation agreement, the Parties shall perform; conciliation agreement has been reached, the variety right owner or interested party may initiate litigation to the people's Court in accordance with the civil procedures.

Provincial above government agricultural, and forestry administrative sector according to their of terms processing varieties right infringement case Shi, for maintenance social public interests, can ordered infringement people stop infringement behavior, confiscated illegal proceeds and plant varieties breeding material; goods value amount 50,000 yuan above of, can at goods value amount 1 time times above 5 times times following of fine; no goods value amount or goods value amount 50,000 yuan following of, according to plot weight, can at 250,000 yuan following of fine.

40th article fake authorized varieties of, by County above government agricultural, and forestry administrative sector according to their of terms ordered stop fake behavior, confiscated illegal proceeds and plant varieties breeding material; goods value amount 50,000 yuan above of, at goods value amount 1 time times above 5 times times following of fine; no goods value amount or goods value amount 50,000 yuan following of, according to plot weight, at 250,000 yuan following of fine; plot serious, constitute crime of, law held criminal.

41st people's Governments above provincial level agricultural, forestry administrations in accordance with their respective terms of reference in dealing with rights infringement cases and the people's Governments above the county level agricultural, forestry administrations in accordance with their respective terms of reference in dealing with cases of counterfeited varieties, depending on your needs, can hold or detain in connection with the case of reproductive material of the plant variety, check out, copy, or seal in connection with the case of a contract, account books and relevant documents.

42nd sales protected variety without using its registered name, the people's Governments above the county level agricultural and forestry administration in accordance with their respective terms of reference of the rectification, and may be fined not more than 1000 Yuan.

Article 43rd on applications for new plant variety rights and rights ownership dispute may initiate litigation to the people's Court.

Article 44th of agriculture and forestry administration departments at or above the county level and authorities of personnel who abuse their powers, neglect their duties, favoritism, bribes, and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
　　The eighth chapter by-laws

Article 45th first before the approval authority for the enforcement of this Act can be included in the list of plant variety protection and after the commencement of the new plant variety protection list in the plant genus or species of the novelty requirements flexibility provisions. 46th article of the regulations come into force on October 1, 1997.