(September 19, 2007 the Ministry of Agriculture announced 5th come into force on January 1, 2008) Chapter I General provisions article in accordance with the People's Republic of China regulations on the protection of new varieties of plants (hereinafter referred to as the regulations), these rules are formulated.
    Second new varieties of agricultural plants, including grain, cotton, oil, hemp, sugar, vegetables (melon), tobacco, mulberry, tea tree, fruit trees (except for dried fruit), Ornamentals (except for Woody), grasses, green manure and herbal medicines, edible fungi, algae, and new varieties of rubber trees and other plants.
    Article in accordance with the provisions of article III of the regulations, the Ministry of agriculture for approval authority of new varieties of agricultural plants, granted in accordance with the provisions of the Ordinance of agricultural plant variety right (hereinafter referred to as varieties).
    Department of Agriculture Office of protection of new varieties of plants (hereinafter referred to as variety protection Office), variety rights application, examine issues, the organization responsible for testing and preservation of reproductive material of new varieties of plants.
    Article fourth against public interests, new plant varieties does not grant the right of ecological environment.
    Chapter II content of the right to and vested in the fifth article of the Ordinance said reproductive material which can be propagated plant planting material or other parts of plants, including grain, fruits, roots, stems, shoots, buds, leaves, etc.
    Sixth application for variety rights from units or individuals referred to as varieties of the applicant obtained rights from units or individuals referred to as variety right owner.
    Seventh article Ordinance seventh article by said implementation this units task by completed of positions breeding is refers to following case one of: (a) in job in the completed of breeding; (ii) perform this units delivered of job zhiwai of task by completed of breeding; (three) former, and retired or mobilization work Hou, 3 years within completed of with in original units bear of work or original units distribution of task about of breeding.
    Mentioned in article seventh of the regulations refers to the material conditions of the unit the unit funds, equipment, test sites and all units have not yet allowed public breeding materials and technologies, and more.
    Article eighth of the regulations finished eighth in article refers to completion of breeding a new variety breeding of unit or individual (hereinafter referred to as breeders). Nineth completed new variety development personnel (hereinafter referred to as cultivating people) refers to people who make creative contributions to breeding.
    Is only responsible for organization and management, to provide the material conditions of use or other auxiliary functions cannot be considered cultivating people.
    Article tenth of a new plant variety right can only be granted to a variety. A new plant variety by two or more applicants in the same day in the variety rights application, applied for by the applicants themselves to determine ownership of the right; consultations fail to reach an agreement, and variety protection Office may require the applicant to provide evidence within a specified period, prove that he was the first person to complete the breeding of new varieties.
    Fails to provide evidence, the deemed withdrawal of the application; the evidence insufficient to serve as a reference, and variety protection office rejecting the application.
    11th Chinese units or individuals in cultivating new varieties of domestic transfers to foreigners the right to apply for or variety right should apply to the Ministry of agriculture for approval.
    Right to transfer the right to apply for or, the parties concerned shall enter into a written contract, to register with the Ministry of agriculture, by the Ministry of agriculture shall be announced and came into effect since the date of the announcement.
    12th article has following case one of of, Ministry of agriculture can made implementation varieties right of forced license decided: (a) to national interests or public interests of need; (ii) varieties right people no due reason himself not implementation, and not license others to reasonable conditions implementation of; (three) on important crop varieties, varieties right people is has implementation, but obviously cannot meet domestic market needs, and not license others to reasonable conditions implementation of.
    Application for compulsory licensing, compulsory licensing request shall be submitted to the Ministry of agriculture, state the reasons and attach all supporting documents in duplicate. Department of agriculture from the date of receipt of the request within 20 working days to make a decision. Require expert investigation, investigation shall not exceed 3 months.
    Agree to compulsory license requested by the Ministry of agriculture informed the variety right owner and person requesting compulsory license, and publish; does not agree with the compulsory licensing request, inform the applicant and state the reasons. 13th 11th according to the regulations of article, apply for the Ministry of agriculture award fee amount, the Parties shall submit award applications, together with supporting documents fail to reach an agreement.
    Department of agriculture within 3 months from the date of receipt of the application, make a decision and notify the parties.
    Third chapter grant varieties right of conditions 14th article in accordance with Ordinance 45th article of provides, included plant new varieties protection directory of plant is or species, from directory announced of day up 1 years within proposed of varieties right application, where after breeding who license, application recently in China territory sales the varieties of breeding material not over 4 years, meet Ordinance provides of specific sex, and consistency and stability and the named requirements of, Ministry of agriculture can grant varieties right.
    15th article has following case one of of, belongs to Ordinance 14th article provides of sales: (a) to sale way will application varieties of breeding material transfer others; (ii) to easy goods way will application varieties of breeding material transfer others; (three) to shares way will application varieties of breeding material transfer others; (four) to application varieties of breeding material signed production agreement; (five) to other way sales of case.
    With one of the following, as breeders of the 14th article of the regulations approved for sale: (a) the breeder sales; (b) breeder internal institutional sales; (c) breeders ' wholly-owned or shareholding enterprises sales; (iv) other circumstances as stipulated by the Ministry of agriculture.
    16th section 15th of the regulations, the term "known species", including the variety right application of first instance qualified notices, by variety or varieties that have been applied.
    Article 17th of the Ordinance mentioned in 16th and 17th article "related characteristics or properties" refers to at least include specificity, coherence and stability testing of characters or authorized to describe traits. 18th article has following case one of of, shall not for new varieties named: (a) only to digital composition of; (ii) violation national legal or social morality or with national discrimination sex of; (three) to national name named of; (four) to County above administrative divisions of names or public knows of foreign names named of; (five) with Government between international organization or other international domestic well-known organization and the identifies name same or approximate of; (six) on plant new varieties of features, and
    Characteristics or the identity of the breeder misleading; (VII) belonging to the same or similar plants of known names of genera or species; (h) the exaggerated publicity.
    Has passed the approval of varieties, or access to the agricultural genetically modified organism safety certificate (application), genetically modified plant varieties, such as the variety name in line with naming of new plant varieties regulations, right to apply for a variety of species names and varieties or approval of agricultural genetically modified organism safety variety name.
    Fourth chapter of variety rights application and acceptance of 19th Chinese units and of the right of individual application, direct or authorize the Agency to apply to the Office for the protection of varieties.
    In China there is no habitual residence of a foreigner, foreign enterprise or other foreign organization, variety right application to variety protection office shall entrust Agency. Delegate Agency to carry out the right of the applicant to apply for related transactions, shall be signed with the Agency commissioned the book, clearly handle the matters entrusted and the powers and responsibilities. Office of the Agency in providing protection to submit applications, shall submit a power of Attorney of the applicant.
    Variety protection office in the application for receiving and reviewing program, contact the Agency directly.
    Article 20th variety, the applicant shall submit to the Office for the protection of books, brochures and photos in duplicate, together with the corresponding request and a description of the electronic document.
    Request, a description in accordance with the variety protection office under the harmonized format. 21st article applicants submitted of manual should including following content: (a) application varieties of provisional name, the name should and requests book of name consistent; (ii) application varieties belongs of is or species of Chinese name and Latin name; (three) breeding process and breeding method, including pedigree, and foster process and by using of parent or other breeding material source and name of detailed description; (four) about sales situation of description; (five) select of approximate varieties and the reason; (six) application varieties specific sex, and
    Detailed description of the consistency and stability; (VII) for description of the area or environment and cultivation technique of growth; (h) apply for variety and character comparison table.
    The preceding paragraph (e), (h) approximated varieties mentioned in item refers to all the known species of plants, related features or characteristics with applications for varieties most similar species.
    22nd article applicants submitted of photos should meet following requirements: (a) photos conducive to description application varieties of specific sex; (ii) application varieties and approximate varieties of with a characters compared should in same Zhang photos Shang; (three) photos should for color, necessary Shi, varieties Protection Office can requirements applicants provides black and white photos; (four) photos specifications for 8.5 cm x12.5 cm or 10 cm x15 cm; (five) on photos of briefly text description. 23rd article varieties right application file has following case one of of, varieties Protection Office not accepted: (a) not using Chinese of; (ii) missing requests book, and manual or photos one of of; (three) requests book, and manual and photos not meet this rules provides format of; (four) file not print of; (five) handwriting not clear or has altered of; (six) missing applicants and contact people name (name), and address, and postal code of or unknown of;

    (G) the Agency but the lack of power of attorney.
    24th 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 filed with the Department of agriculture to apply for registration. 23rd to 25th applicants in pursuance of the Ordinance the provisions of article claims the right of priority, should be stated in the application for the first time proposed variety right application filing date, application number and of the admissibility of the application state or organization is not indicated, shall be deemed not to claim priority.
    Variety right application a copy of the file for the first time submitted by the applicant should be confirmed by the original acceptance authority. 26th article in China no often homes or Office of foreigners, and foreign enterprise and foreign other organization, application varieties right or requirements priority of, varieties Protection Office think necessary Shi, can requirements its provides following file: (a) applicants is personal of, its nationality proved; (ii) applicants is enterprise or other organization of, its Office or headquarters location of proved; (three) foreigners, and foreign enterprise, and foreign other organization of belongs country,
    Recognition of units and individuals in China can follow the same conditions nationals of that State, in the country enjoy variety applications, liens and other rights relating to the right of the document.
    27th applicants to apply for variety right variety protection office within 12 months, and right to apply to the foreign varieties, according to that State or organization and the People's Republic of China signed agreements or joint participation in international treaties, or on mutual recognition of the principle of priority, you can request protection of the Office that issued the priority document.
    28th article in accordance with Ordinance 19th article second paragraph provides, China of units and personal application varieties right of plant new varieties involved national security or major interests need confidential of, applicants should in application file in the description, varieties protection office after review Hou made whether by confidential application processing of decided, and notification applicants; varieties Protection Office think need confidential and applicants not indicate of, still by confidential application processing, and notification applicants.
    29th article applicants sent of application varieties breeding material should and varieties right application file in the by description of breeding material phase consistent, and meet following requirements: (a) not suffered accident damage; (ii) not after drug processing; (three) No quarantine sex of harmful biological; (four) sent of breeding material for grain or fruit of, grain or fruit should is recently harvest of. Article 30th variety protection deemed necessary by the Office, the applicant should be sent to the application the propagating material of the varieties and varieties used for application review and testing.
    Apply for a variety of GM varieties should be attached with the pilot phase of the productive agricultural genetically modified organism safety approval or the agricultural genetically modified organism safety certificate (application) copy. The applicant shall receive the variety protection office within 3 months from the date of notification to the propagating material.
    To reproduce materials for grain or fruit, should be sent to the Office for the protection of new varieties of plant collections (hereinafter collections); sent to seedlings, bulbs, tubers, tuberous roots, vegetative reproductive material shall be sent to the Office for the protection of designated testing agencies. Fewer reproductive material of the applicant to the Office for the protection of the provisions of, collection or testing body shall notify the applicant, the applicant shall, within 1 month from the date of receipt of the notification.
    Under special circumstances, the applicant sent to the specified quantities of propagating material still cannot meet the test or testing when needed, Office for the protection of the right to request the applicant to pay. 31st reproductive material should be in accordance with the relevant provisions of the plant quarantine.
    Not passed quarantine inspection or quarantine, collections or testing agencies not receiving. Collection or testing shall be issued after receipt of propagation material of the applicant sent to the documentary evidence, and within 20 working days from the date of receipt of reproductive material (other than dormant plants) complete the health and vitality of the content of the test.
    Inspection, shall issue to the applicant a written test qualified certificate; failed to pass the test, it shall notify the applicant again within 1 month from the date of receipt of the notification sent to the reproductive material detection and take substandard breeding material, applicants pass its retrieval, collections or test organization should be destroyed.
    Transmitted to the applicant is not reproductive material is deemed withdrawn. Article 32nd collection and testing institutions to apply for the reproductive material of the variety has a duty of confidentiality, should prevent the occurrence of accidents such as propagation material is lost, stolen, no person shall replace the inspection of propagating material.
    Propagation material is lost, stolen, the replacement shall be investigated for criminal responsibility of the persons concerned.
    Fifth chapter varieties right of review and approved 33rd article in preliminary review, and real review, and review and invalid declared program in the for review and review personnel has following case one of of, should itself avoided, party or other interest relationship people can requirements its avoided: (a) is party or its agent near relatives of; (ii) and varieties right application or varieties right has directly interest relationship of; (three) and party or its agent has other relationship, may effect just review and trial of.
    Avoided by the variety protection Office decisions of the censors, withdrawal of the reviewers by the Review Committee decision of new plant varieties. Article 34th plant variety rights applications include two or more varieties, variety protection office shall require the applicant to put forward an application.
    Applicants on their application within a specified period is not fixed or did not reply to the expiry, deemed withdrawal of the application. Office of the applicant in accordance with the protection of a divisional application as requested by, you can retain the original filing date; enjoy a right of priority, may retain their priority date.
    But shall not exceed the scope of the original application documents existing content.
    Divisional application shall, in accordance with the regulations and the rules of the relevant formalities. Divisional application shall state in the request the original application number and filing date.
    Priority of the original application, it shall submit a copy of the priority document of the original application.
    35th variety protection Office of the variety rights applied for a preliminary review of the following: (a) article 27th in compliance with the regulations, (ii) the appropriateness of the selected varieties applications for varieties of parents or other open source of propagation material. Variety protection office shall inform the applicant review. Variety protection office in question, may require the applicant remarks or corrections within the time limit specified in the applicant did not reply to the expiry, deemed withdrawal of the application.
    After the applicant has made the comments or corrections, and variety protection still does not meet the requirements of the Office, it shall reject the application.
    Article 36th variety right application files, anyone variety submitted by the Office for the protection of variety right application-related materials, any of the following circumstances, as proposed: (a) without using the prescribed format or do not conform to the requirements; (b) failing to submit evidence.
    Face to face by the parties ' submissions, after accepting the officers should face that defects in the material returned; submitted by post, variety protection office shall be regarded as not submitted comments and return with the raw materials; mailing address is not clear, return notice. 37th variety between the date of application for grant of the right variety right recently, anyone can not comply with the regulations article eighth, 13th to 18th and the provisions of this article fourth variety right application, objected to the variety protection office and provide evidence and justification.
    Without providing evidence of variety protection Office was inadmissible.
    Article 38th without the approval of variety protection Office, before the grant of the right of the applicant shall not modify the following application documents: (a) the application name, application of parents or other propagating material, its name, origin and variety breeding methods; (b) the time for the varieties of early sales, (iii) applications for varieties for distinctness, uniformity and stability of content.
    Variety right application modifications, except a few editorial changes or additions and deletions, a replacement sheet shall be submitted in accordance with the format prescribed by. 39th real review of the Office of the protection of variety right application and inform the applicant review. Variety protection Office can review the need, require the applicant remarks or corrections within a specified period.
    The applicant did not reply to the expiry, deemed withdrawal of the application.
    40th article in accordance with Ordinance and this rules of provides, varieties right application by real review should be dismissed of case is refers to: (a) not meet Ordinance eighth article, and 13th article to 17th article provides one of of; (ii) belongs to this rules fourth article provides of; (three) not meet named provides, applicants and not according to varieties protection office requirements modified of; (four) applicants statement views or correction Hou, varieties Protection Office think still not meet provides of. 41st variety protection Office for the right to grant procedures of notification, the applicant shall, within 2 months from the date of receipt of the notification handle relevant procedures and payment of 1th year annual fee. For regular handling, Agriculture Ministry of variety rights, right to issue certificates, and publish.
    Variety right with effect from the date of the announcement.
    Expired have not been fulfilled, waived right to variety rights. 42nd new varieties of agriculture plants Review Committee, responsible for rejected variety right application of Remand, variety right invalidation case and authorized name change cases.
    Specific provision enacted separately by the Ministry of agriculture. Sixth chapter files, delivery and deadlines for submission of articles 43rd in accordance with the regulations and submitted various documents required by these rules shall be in Chinese, and the unified provisions of the State of scientific and technical terminology and standard.
    Alien names, place names, and no unified Chinese translation of science and technology terms, you should indicate the source. In accordance with the Ordinance and these rules, the provisions of the various certificates and the certificate is in a foreign language, shall be attached to the Chinese translation is not attached, shall be deemed not to submit the supporting documents.

    44th to the various documents submitted by the Office for the protection of the Party shall print or printed writing black, neat and clear.
    Application file text part of horizontal writing, only one side of the paper. Article 45th various documents submitted by the parties and other procedures, should be determined by the applicant, the variety right owner, other interested persons or their representatives signed or sealed; a delegate Agency, stamped by the Agency.
    Right to change foster's name, species and variety rights of the applicant's name or the name, nationality, address, name of the Agency and the agent's name, shall provide bibliographic formalities variety protection Office, accompanied with evidence of sufficient reasons for the change. Article 46th material submitted by the parties, can be submitted directly, or you can mail. Mailing, by registered letter, not by parcel, one letter should only be included in the same application-related materials. By mail, the postmark date as the date sent.
    Send date of postmark on the envelope is not clear, unless the parties can provide certificates, with variety protection office date of receipt as the date. Variety protection Office documents, by mail, by personal delivery or by notice, upon the parties. Entrust agents, agents with a copy; no delegate Agency, files sent in the request, the recipient address and the first signature of recipient or person or representative.
    Party refuses to receive file, the document shall be deemed to have been served.
    Variety protection office mailed various documents from 15th after the date on which the document was sent, as a date of receipt of documents by the parties. According to the regulations shall be delivered directly to the file, with the delivery date for delivery day. Address for service is not clear, cannot be sent by mail, can be served by making an announcement.
    Since the expiration of 2 months from the date of notice, the document shall be deemed to have been served. 47th article of the Ordinance and these rules the first day of any time limit does not count in the period. Term in years or months, with its corresponding day of the last January as the expiry date; no corresponding day in the month, with the day of expiry of the last day of the month.
    The expiry day is a legal holiday, the first work day after the holiday as the expiration date.
    48th if a delay due to force majeure of the regulations or provisions of this rule or the term of protection period specified by the Office, resulting in the loss of rights, since the obstacle is removed within 2 months from the date, at the latest, within 2 years from the date of the expiry, state the reasons and can contribute to the protection of the Office shall attach all supporting documents, requesting reinstatement of their rights.
    Party due to justifiable reasons to delay the regulations or provisions of this rule or the term of protection period specified by the Office, resulting in the loss of rights, may within 2 months from the date of receipt of the notification variety protection office justified request to restore their rights.
    Requesting extension of variety protection office designation by the parties, shall, before the expiry, state the reasons and relevant procedures to the variety protection Office.
    This article of the regulations and the provisions of the second paragraph does not apply article 14th, 23rd, 32nd, second to third, 34th, 37th period provided for in the second paragraph of article.
    49th inter alia article 22nd of the regulations provides, filing date referred to in the regulations, have priority, the priority date.
    Seventh chapter fees and bulletins section 50th for variety rights and any other formalities, shall, in accordance with relevant regulations of the State Department of agriculture to pay application fees, examination fee, annual fee.
    51st the fees under the Ordinance and these rules, you can pay directly, or through the post office or bank remittance.
    Through the post office or bank transfer, you should indicate the name and fax or mail a copy of the remittance receipt to variety protection office and the right to the application number or the cost of number, name of the applicant or right holder, fee name.
    Through the post office or bank remittance, to remit the payment date.
    52nd in accordance with the provisions of article 24th of the regulations, applicants can submit applications at the same time pay the application fee, but no later than within 1 month from the date of the application for payment of application fee, not paid or not paid in full by the expiration, deemed withdrawal of the application. 53rd pass the preliminary review of variety rights to the application, the applicant should follow the variety protection Office's notice, payment of examination fee within the prescribed period.
    Not paid or not paid in full by the expiration, deemed withdrawal of the application. 54th before the applicant the right to receive the certificate, shall pay the granted varieties of 1th year of annual fees.
    Subsequent annual fees shall be within 1 year before the expiration of 1 month before prepayment.
    55th variety right owner fails to pay the grant after varieties of 1th year annual fee, or pay the amount, variety protection office shall notify the applicant shall pay the annual fee within 6 months from the date of expiration pay; the expiration of unpaid, from the date of expiration of the annual fee shall be paid, variety rights terminate.
    56th variety protection Office regularly releases new plant variety protection Gazette, notice right about the content.
    Eighth chapter schedule 57th article Ordinance 40th article, and 41st article by said of fake authorized varieties behavior is refers to following case one of: (a) printed or using forged of varieties right certificate, and varieties right application,, and varieties right, or other varieties right application mark, and varieties right mark; (ii) printed or using has was dismissed, and considered withdrawn or withdrawn of varieties right application of application, or other varieties right application mark;
    (Three) printed or using has was terminated or was declared invalid of varieties right of varieties right certificate, and varieties right, or other varieties right mark; (four) production or sales this article subsection (a) items, and subsection (ii) items and subsection (three) items by mark of varieties; (five) production or sales posing as varieties right application or authorized varieties name of varieties; (six) other enough to makes others will non-varieties right application or non-authorized varieties errors think varieties right application or authorized varieties of behavior.
    Article 58th of 41st of the agricultural Administration Department in accordance with the regulations provided for sequestration or seizure of the plant variety propagation material, shall be made within 1 month.
    59th parties by application right or rights disputes, initiate litigation to the people's Court and the people's Court has accepted, can contribute to the protection of the Office requesting the discontinuation of the program.
    Applications for suspension of the procedure prescribed in the preceding paragraph shall submit an application to the variety protection Office, and with more people's courts accepted a copy of the file. In the Court's decision after the entry into force, the parties concerned shall request to variety protection office resume the relevant procedure. Requested within 1 year from the date of suspension, the relevant application rights or rights ownership dispute cannot be settled, need to continue to suspend the relevant procedure, the petitioner shall, within the period requested extension of the suspension.
    Not request an extension to the expiry and variety protection offices are free to resume the relevant procedure.
    60th article has been deemed to be withdrawn, rejected and withdrawn the variety right application dossiers, the variety right applied for after the expiration of 2 years from the date of expiration is not stored.
    Variety rights that have been declared invalid files from the date of the invalidation of the right, the right file from the right of termination shall not be preserved after the expiration of 3 years from the date of failure. 61st these rules shall enter into force on January 1, 2008.
            June 16, 1999 issued by the Ministry of Agriculture of the People's Republic of China implementing rules for the regulations on the protection of new varieties of plants (agriculture) repealed simultaneously.