People's Republic Of China Seed Law

Original Language Title: 中华人民共和国种子法

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  (July 8, 2000, adopted by the 16th session of the Standing Committee of the ninth of August 28, 2004, deputies of the 11th meeting of the Standing Committee on the changes of People's Republic of China seed law, the first amendment of the decision on June 29, 2013 the 12th session of the Standing Committee of the national people's Congress third Conference on adaptation of People's Republic of China cultural relic protection law 12 laws, such as the decision on the second amendment
  November 4, 2015, the 12th meeting of the Standing Committee of the national people's Congress, the 17th Amendment)

Directory

Chapter I General provisions

Chapter two germplasm resources protection

Chapter variety selection, validation and registration

The fourth chapter the protection of new varieties

Fifth seed production and management

Sixth seed regulatory

Seventh seed import and export, and international cooperation

The eighth chapter support

Nineth legal liability

The tenth chapter supplementary articles

Chapter I General provisions

First to preserve and utilize germplasm resources, regulate the breeding, seed production and management, protection of new plant varieties rights, protect legal rights of seed producers, users and improve seed quality, promote the seed industrialization, development of the modern seed industry, ensuring national food security, promoting the development of agriculture and forestry, this law is enacted.

Article in the People's Republic of China engaged in breeding, seed production and management activities, this law shall apply.

Seeds in this law refers to the cultivation of crops and forest trees or propagation of material, including seeds, fruits, roots, stems, shoots, buds, leaves, flowers, etc.

The State Council shall be agriculture, forestry authorities competent national crop seeds and tree seeds, respectively; local people's Governments at or above the county level agricultural, forestry authorities respectively in charge of the work within the administrative area of crop seeds and tree seeds.

People's Governments at all levels and the departments concerned should take measures, strengthening law enforcement and supervision, the seeds an offence punishable infringement of farmers ' rights.

Fourth State supports germplasm resources protection and breeding, production, updating and promoting the use of improved varieties to encourage combined breeding and seed production and management, rewards and germplasm resources protection and breeding, promotion and other work units and individuals who made outstanding achievements.

Fifth people's Governments above provincial level should be based on Science and agricultural policy and agricultural and forestry development of seed industry development planning and implementation need to be developed. Sixth people's Governments above provincial level establish seed stock system, mainly used in production and surplus transfers when a disaster occurs, ensure that agricultural and forestry production safety. Reserve the seeds should be tested and updated on a regular basis.

Seed stock and the specific measures formulated by the State Council. Seventh transgenic plant variety breeding, testing, validation and promotion of safety evaluation should be carried out, and to adopt stringent safety control measures. State agricultural and forestry departments should strengthen the supervision and timely notice of the relevant track genetically modified plant varieties and extension information.

Specific measures shall be formulated by the State Council.

Chapter two germplasm resources protection

Eighth national germplasm resources protection by law, no unit or individual may seize and destroy the germ plasm resources. Collection or harvesting is prohibited under special State protection of natural germplasm resources.

Due to special circumstances such as scientific research collection or harvesting, shall be approved by the State Council or provincial, autonomous region, municipality of approval of the agriculture and Forestry Department. Nineth countries plan to survey, collect, collate, identification, registration, storage, Exchange and utilization of germplasm resources, announced the availability of germplasm resource directory on a regular basis.

Specific measures for the agriculture and forestry authorities under the State Council. Tenth agricultural and forestry departments under the State Council shall establish germplasm resources, germplasm resources conservation areas or germplasm resources protection. People's Governments of provinces, autonomous regions and municipalities of agricultural, forestry authorities based on the need to establish germplasm resources, germplasm resources conservation areas, and germplasm resources protection.

Germplasm resources, germplasm conservation and germplasm resources protection of germplasm resources of a public resource, open according to law.

Use germplasm resources, germplasm resources conservation areas or germplasm resources protection, required consent of the original established authority.

11th article national on species quality resources enjoys sovereignty, any units and personal to outside provides species quality resources, or and outside institutions, and personal carried out cooperation research using species quality resources of, should to province, and autonomous regions, and municipalities Government agricultural, and forestry competent sector proposed application, and submitted national shared benefits of programme; accepted application of agricultural, and forestry competent sector by audit, reported State agricultural, and forestry competent sector approved.

Germplasm resources of introduced from abroad, in accordance with relevant State Council departments in charge of agriculture, forestry regulations.

Chapter variety selection, validation and registration

12th State supports scientific research institutes and colleges focusing on basic and advanced breeding technology research and application, as well as conventional crops, of main planting tree species breeding in breeding and vegetative propagation material and other public welfare research.

State encourages seed companies to fully utilize public welfare research, cultivate varieties with independent intellectual property rights encouraged seed companies and scientific research institutes and universities to build technology platforms, establishing market-oriented, capital link, benefit-sharing, risk-sharing combination of industry technology innovation system.

State to strengthen industry innovation capacity-building to promote seed industry scientific and technological achievements, and protect legal rights of seed industry scientific and technical personnel.

13th if financial support form the breeding invention patents and plant variety rights, involving national security, national interests and of great public interest, a principal shall obtain the authorized project.

Financial support form the breeding results of transfer, license, shall disclose, forbidden transactions.

Article 14th units and individuals as a result of forestry authorities established for the breeding of improved varieties of forest tree test, experimental forest, superior tree collection, the gene pool and reduce income, approved the establishment of the forestry authorities should give economic compensation in accordance with the relevant provisions of the State. 15th State applies a variety of main crop and major forest system. Main crop varieties and the main forest tree species should be by the national or provincial approval before the promotion.

By provinces, autonomous regions and municipalities determining of main tree species of provincial forestry authorities approved.

Application for approval of varieties shall comply with the distinctness, uniformity and stability requirements. Main crop varieties and the main varieties of trees determined shall be formulated by the agriculture and Forestry Department. Validation approach should reflect the principles of fairness, openness, and efficiency of science, and help improve the yield, quality and resistance and coordination to meet the need of market and consumer promotion.

At the time of enactment, amendment be determined, should fully heed the breeders, seed users, producers and related industry representatives. 16th State Council and people's Governments of provinces, autonomous regions and municipalities of agricultural, forestry authorities set up by the professionals of crop and tree variety Appraisal Committee. Audited the Commission bear the main crop varieties and varieties of main forest tree species validation, including application documents and varieties, seed test data samples, verification and validation findings validation of content such as files, ensure traceability.

Varieties registered published according to law-related information should be included in the audited opinions, and accept their supervision. Varieties introduction the challenge system. Variety Appraisal Committee members, staff and related tests, test personnel should be dedicated, fair and honest.

Units and individuals reporting or control inspections for violations of the above-mentioned persons, people's Governments above provincial level agriculture, forestry authorities and related authorities should be dealt with according to law in a timely manner. Article 17th combined breeding operation, in compliance with the conditions specified by the Department in charge of agriculture, forestry seed company, on independent research and development of main crop varieties, the main forest tree species in accordance with the validation approach to complete test, meet validation standards, variety Appraisal Committee should be issued validation certificate.

Seed companies liable for the authenticity of test data, ensure traceability, accept the people's Governments above provincial level agricultural, forestry authorities and social supervision.

18th validation failed crops and forest species, disagrees with the applicant, may apply to the approval Committee or national approval Committee review. 19th passed national examination of crop varieties and improved varieties of forest tree by the agriculture and forestry departments under the State Council announcement, suitable eco-regions in the country.

Through provincial validation of crop varieties and forest seed by province, and autonomous regions, and municipalities Government agricultural, and forestry competent sector announcement, can in this administrative within suitable of ecological regional promotion; other province, and autonomous regions, and municipalities belongs to same suitable ecoregion of geographical introduction species crop varieties, and forest seed of, introduction species who should will introduction species of varieties and regional reported where province, and autonomous regions, and municipalities Government agricultural, and forestry competent sector record.

Introduction and no natural distribution of forest tree species of the region, should be adopted in accordance with the national standard test.

20th of provinces, autonomous regions and municipalities agriculture, forestry authorities should improve regional collaboration on variety selection, validation mechanisms and promote the breeding and popularization of good.

21st registered varieties of crops and tree species appear insurmountable cases of serious defects to be promotional, sales, by the original validation Committee confirmed, revoked approval, by the original notice issued notice, stop promoting and marketing. The 22nd State imposed on the part of the main crops variety registration system.

Included in the list of main crops in non-registered varieties should register before the promotion. Introduction scope of crop variety registration shall be subject to strict control, and according to the conservation of biological diversity and ensure consumer safety and security principles.

List of registration by the competent agricultural Department under the State Council to formulate and adjust. Applicants applying for registration shall be filed with the province, autonomous region and municipality authorities submit the application documents and samples of agriculture, and responsible for its authenticity, guaranteed traceability, accept supervision and inspection.

Application documents by type, name, source, properties and breeding process of distinctness, uniformity and stability tests report.

The provinces, autonomous regions and municipalities since accepting an application for variety registration the competent agricultural department within 20 working days of the date, written review of the application documents submitted by the applicants, qualified, competent agricultural Department under the State Council to register.

Application documents of the registered varieties, seed samples are not true, by the competent agricultural Department under the State Council to revoke the registration of varieties, and the illegal information recorded in the file integrity of the applicant, to the public; losses caused to a seed production seed users and other operators shall bear liability.

The serious defects of the registered varieties appear insurmountable, registered by the competent agricultural Department under the State Council to withdraw, and announcements, stop promoting.

Non-main crop variety registration by the competent agricultural Department under the State Council.

23rd crops varieties without the approval of the article should be audited, and shall publish the advertising, promotion and sales.

Should approval of forest tree species is not validated by the shall not be used as seed, sales, but it is absolutely necessary to use should be identified by the forest variety Appraisal Committee.

Be registered without registration of crop varieties, shall publish the advertising, promotion, and may not be sold in the name of registered varieties.

24th no habitual residence or place of business in China for overseas organizations and individuals apply for approval or registration in the territory shall entrust has the legal personality of the seed enterprises in the territory.

The fourth chapter the protection of new varieties 25th State applies a system of plant variety protection. On the national register of plant varieties protection through artificial breeding or wild plant improvement, novelty, distinctness, uniformity, stability and proper names of plant varieties, from agricultural and forestry departments under the State Council to grant rights to new varieties of plants, protection of new plant varieties of all legitimate rights and interests.

Content of the plant variety right and belonging, grant conditions, to apply for and receive, review and approval, and duration, cessation and invalidation, in accordance with this law, the relevant laws and administrative rules and regulations. The State encourages and supports the kinds of technology innovation, cultivation and transformation of new varieties of plants.

Popularization and application of new variety right of plant varieties have been made, breeders, their corresponding economic interests under the law. 26th a new plant variety can only be granted for a plant variety right.

Two or more applicants are the same variety of applications for plant variety rights, plant variety rights granted first to the person applying; applying for plant variety rights granted to finish first breeding of the variety of people.

For violations of laws against public interests and ecological environment of new varieties of plants, does not grant rights to new plant varieties. 27th name granting rights to new plant varieties new plant varieties should be with the same or a similar plant is distinguished from known varieties or species name.

After authorization, the name is the generic name of new varieties of plants.

The following names shall not be used for a protected variety is named:

(A) only expressed in figures;

(B) the violation of public morality;

(Iii) the characteristics of the new plant variety, characteristics or the breeding status of misleading. Same applied for the protection of new varieties of plant varieties, cultivar, variety registration, promotion and sales use only a single name.

Production, sales of seeds should be applied for the protection of new varieties, cultivar, variety is provided during registration to sample. 28th complete units or individuals breeding on the protected variety, enjoys an exclusive monopoly.

No unit or individual without the permission of new plant variety right owner, are allowed to produce, reproduce or sell the propagating 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; however this law, except otherwise stipulated by relevant laws and administrative regulations.

29th using authorization in the following situations, new plant varieties without owner permission, do not pay the fee, but all of new plant variety right shall not be infringed in accordance with this law, relevant laws and administrative rules and regulations enjoyed by other rights:

(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.

30th in the national interest or the public interest, the State Department Agriculture and forestry departments decision to impose compulsory licensing of the right of new plant varieties, and shall be registered and announced.

Units or individuals granted a compulsory license shall not have an exclusive right and the right to authorize other persons to commit.

Fifth seed production and management

Article 31st seed seed production and operation license of import and export business, the people's Governments of provinces, autonomous regions and municipalities directly under the competent departments of agriculture and forestry, issued by the agriculture and forestry departments under the State Council.

In the major crop of hybrid rice seeds and its parent seeds, tree seed production and management of seed breeding and the introduction of combining production, in compliance with agriculture, Forestry Department of seed production and management of seed enterprises license conditions, by the production operators to the County agriculture and forestry authorities audit, Governments of provinces, autonomous regions and municipalities issued by the agriculture and forestry departments.

Seeds other than the provisions of the preceding two paragraphs the license, producers and operators in the local people's Governments at and above the County issued by the agriculture and forestry departments.

Only non-main crop seeds and not the main forest tree seed production, seed production do not need to apply for a business license.

Business licenses of 32nd applied for seed production, fitting in with the production and management of seed production and management facilities, equipment, and professional and technical personnel, as well as the regulations and the agriculture, forestry, other conditions stipulated by the competent Department under the State Council.

Engaged in seed production, should also have both conditions of reproductive isolation and cultivation of seeds, with non-quarantine pests of seed production or forestry authority of the people's Governments above the county level to determine the seed stand.

Apply for business licenses of rights to new plant varieties for seed production, should ask the written consent of the owner of a new plant variety.

33rd seed production and management of permits shall specify the operator name, address, legal representative, production of seed varieties, and seed management of scope, duration, effective regional matters.

Changes in the preceding paragraph shall be from the date of change in the 30th, to the licensing authority for the registration of changes. Except as provided in this law, seed production and operation of any unit and individual is prohibited without permit or violation of seed business licenses require the production, seed production.

Prohibited to forge, alter, buy or lease the seed production and operation license.

The 34th seed production technique of seed production should be implemented regulation and seed inspection and quarantine procedures.

35th collecting seeds in the forest seed production bases, and organized by the operators of seed production base for collecting seeds should be carried out in accordance with the relevant national standards.

Prohibition of Rob green mining and grazing, damaged trees, banned in poor quality, inferior seed trees in the forest collecting seeds. 36th seed producers should be established and include seed source, country of origin, the quantity, quality, sales, sales go date and content production and management of archives relating to personnel, ensure traceability.

Seed production and management archives of specific matters set forth, archives and seed production and management of seed samples are kept by the State Department of agriculture and Forestry Department.

The 37th individual farmers breeding their own conventional seed remaining, you can sell in the local markets, SWOP, seed production do not need to apply for a business license. 38th seed production and operation license effective areas determined by the issuing authority in its jurisdiction.

Seed producers and seed production licenses containing the effective set up branch offices, specializes in packaging packaging seeds no longer, or you are with the seed producers and seed production and operation license to delegate in writing, to sell its seeds, seed production do not need to apply for a business license, it should be to the local agriculture and forestry departments.

Combining the introduction of breeding production and management, in compliance with agriculture, Forestry Department conditions for seed production license area for the country.

39th without the approval of the people's Governments of provinces, autonomous regions and municipalities directly under the Forestry Department may not purchase rare trees seeds and the people's Governments at the corresponding level restrictions on acquisition of forest tree seeds. 40th seed sales should be processing, grading and packaging.

But can not be processed, except for the packaging.

Large package or import seed can put implementation of packaging should mark packaging units, and is responsible for seed quality. 41st sale of seeds shall conform to the national or industrial standards, labels and instructions for use. And annotated with a description of the label content should be consistent with the sale of seeds.

Seed producers and operators responsible for tagging content authenticity and quality.

Seed category tags should be marked, the variety name, cultivar registration number, variety and suitable planting regions or seasons, production operators and place of registration, quality seed production, quarantine certificate number, license number and information codes, as well as other matters prescribed by the agriculture and forestry departments under the State Council.

Sales of protected variety seed, should mark the right number.

Sales of imported seed, should be accompanied by an import approval number and labels.

Sales of genetically modified plant varieties, must use clear text label, and should prompt the security control measures.

Seed producers and business operators shall comply with the provisions of relevant laws and regulations, honesty and trustworthiness, information users provide seed producers, seed to seed the main characters and main cultivation measures, such as using conditional instructions, risk and related advisory services, shall not make any false or misleading advertising.

No unit or individual may unlawfully interfere with seed producers and operators of production and management autonomy.

42nd seed advertisement content shall be in conformity with this law and provisions of laws and regulations relating to advertising, main characters descriptions should be consistent with the validation, registration notice.

43rd transport or mailing seeds should be in accordance with the relevant laws and administrative regulations to carry out the quarantine.

44th seed users are entitled to in accordance with their willingness to buy seeds, and no unit or individual may illegally interfere. 45th State shall promote the use of improved varieties of forest tree planting support.

National afforestation project investment or investment by the State unit of State-owned forestry and afforestation should be based on the forestry authorities plan to use improved varieties of forest tree. By the 46th seed for seed quality or contents of seed label and instructions for use marking is not true losses, seed use can demand compensation from the operator to sell seeds, seed producers or other operators can also claim compensation. Awards including purchase price, profit and other losses.

The seed producers or other operators are at fault, operators of selling seeds after paying compensation, shall be entitled to recourse against the seed producers or other operators; belongs to the operator responsibility for selling seeds, seed producers or other operators after paying compensation, the right to sell seed of recourse against the operator.

Sixth seed regulatory 47th agricultural and forestry departments should strengthen supervision and inspection of seed quality.

Seed quality management approaches, standards and test methods, developed by the agriculture and forestry departments under the State Council. Agriculture, forestry authorities stipulated by the State, can be used for rapid detection methods to detect the production and management of seed varieties, the test results as a basis for administrative penalty. Disagrees with the person being checked on the test results, you may apply for review, review may not be detected by the same method.

Losses due to errors the test results to the parties, shall bear the liability for damages.

The 48th agricultural, forestry authorities can delegate on seed quality of seed quality inspection organizations.

Bear seed quality inspection agency shall have corresponding conditions, capacities, related authorities and approved by the people's Governments above provincial level examinations. Seed quality inspection bodies shall be equipped with the seed checkers.

Seed testing officer shall have a secondary professional education, with the corresponding technical ability and level of seed testing. 49th prohibits the production and operation of fake and inferior seeds.

Agriculture, forestry authorities and relevant departments to crack down on production of fake and inferior seeds an offence to protect farmers ' legitimate rights and interests and maintaining a fair and competitive market order.

Seeds for the seed of the following:

(A) non-seed to imitate seeds or to pretending to be a seed of other varieties of seeds of the species;

(B) seed varieties, variety and content labels or no label.

Following seed as we reap:

(A) quality below the national standard;

(B) the below labels of quality indicators;

(C) with the national quarantine harmful organisms. 50th agriculture and forestry authorities are seed administration law enforcement agency. Seed law enforcement officer shall show the certificate of administrative law enforcement when performing official duties according to law.

Agriculture, forestry authorities to perform their duties of supervision and inspection of seeds, the right to take the following measures:

(A) enter the place of business for an on-site inspection;

(B) seed sampling, testing or inspection;

(C) consult and copy the relevant contracts, bills, books, production records, and other relevant information;

(D) the sealed up or seized evidence of illegal production and management of seed, as well as tools for illegal production and management, equipment and means of transport;

(E) seizure of illegal sites engaged in seed production and management activities.

Agriculture, forestry authority exercises its powers in accordance with the provisions of this law, the parties concerned shall assist and cooperate, and may not refuse or obstruct.

Competent departments of agriculture, forestry and integrated law enforcement agency or on their behalf of seed management institution, can seed law enforcement related work.

The 51st seed producers and seed industry voluntarily established by law association, strengthening self-discipline administration, maintaining the lawful rights and interests of the members, providing information exchange for members and the industry development, technical training, credit, marketing, and consulting services. The 52nd seed producers and operators may voluntarily apply for seed quality certification to qualified certification bodies.

Passed the authentication, you can use the certification mark on the packaging.

53rd due to reasons of force majeure, production must be less than national or local standards of crop seeds, local people's Government at or above the county level should go far farming; tree seeds should go far farm the approval of the people's Governments of provinces, autonomous regions and municipalities.

54th breeding and seed production, operation and management of units and individuals shall comply with the relevant phytosanitary provisions of laws and administrative regulations to prevent dangerous to plants, insects, weeds and other pest-borne and spread.

No units and individuals engaged in seed production base and quarantine pests inoculation.

55th people's Governments above provincial level agricultural, Forestry Department on Government information release platform in the United released cultivar, variety registration, the protection of new varieties, seed production, such as business licensing, supervision and management of information.

Agriculture, forestry authorities under the State Council to establish plant varieties directives for the library, provide the basis for supervision and management of seed.

56th agriculture, forestry authorities and their staff shall not participate in, seed production and management activities.

Seventh seed import and export, and international cooperation

57th seed imports and exports seed must be quarantined to prevent dangerous to plants, insects, weeds and other pests outside the territory of the incoming and outgoing, plant specific quarantine work in accordance with the relevant entry and exit quarantine laws and administrative rules and regulations.

Article 58th seed import and export business, in addition to seed production and operation permit shall also be in accordance with the relevant provisions of the State seed import and export permits.

Audited permissions from imported crops, tree seeds, crops, tree seed import approval, the introduction of genetically modified plant varieties regulations, prescribed by the State Council. Article 59th seed quality, should meet the State standards or industrial standards.

No national or industrial standards, in accordance with the standards stipulated in the contract.

60th seed imports seed abroad, can not be limited by the 58th article of this law, but it should be a foreign production contracts, imported seeds can only be used for seed production, the product may not be sold in the territory.

Test used for crops or trees species are from abroad, should be separated cultivation, harvest may not be sold as seed.

61st prohibits the import and export of fake and inferior seeds and the States prohibited the import of seeds. 62nd national seed industry national security review mechanism.

Foreign institution or individual seed investments, mergers and acquisitions of domestic companies or with domestic scientific research institutes and seed enterprises to carry out technological cooperation, engaged in research and development, management of seed production and management of examination and approval according to relevant laws and administrative rules and regulations.

The eighth chapter support 63rd State support for the development of seed industry.

On the breeding, production, demonstration and germplasm resources protection, seed reserves and production support.

Encouraged to promote the use of efficient and safe seed seed production techniques of seed production seed machinery and advanced, advanced seed seed machinery into the scope of farm machinery purchase subsidy.

State to actively guide social capital investment industry.

64th National strengthen seed construction of public infrastructure. The dominant seed-breeding base of arable land, designated as basic farmland protection, permanent protection.

Advantages of seed-breeding base by the competent agricultural Department under the State Council of provinces, autonomous regions and municipalities to determine.

65th seeds of crop and tree breeding, production enterprises, in accordance with the relevant provisions of the State support.

66th country to encourage and guide financial institutions to provide credit support for seed production and storage. The 67th State support for seed production insurance insurance agencies.

People's Governments above provincial level premium subsidy and other measures can be taken, supporting the development of seed industry in the production insurance.

68th the State encourages scientific research institutes and institutions of higher learning and breeding of seed enterprises to carry out personnel exchanges, support the transformation of scientific and technical personnel to the seed companies engaged in breeding encourages breeding for scientific talents in innovation and entrepreneurship.

69th State departments of agriculture, forestry and breeding seed is located in different places of the province, autonomous region and municipalities should strengthen the management and coordination of offsite work breeding seeds, transportation departments should give priority to ensure the transport of seeds.

Nineth legal liability

70th agriculture and forestry authorities not to take a decision on the administrative license according to law, violation is found or received reports of violations is not investigated, or other acts that do not perform their duties in accordance with the provisions of this law, by the people's Government of the people's Governments at the corresponding level or by the relevant Department in charge shall command a correction, the persons in charge and other direct liable persons shall be given administrative sanctions.

Article violates this law 56th, staff of the agriculture and forestry departments engaged in seed production and operation activities, shall be subject to punishment.

The 71st article violates this law article 16th, variety Appraisal Committee members and staff to perform their duties, fraud, deception, and shall be given sanctions; within five years from the date of the decision shall not engage in censorship. 72nd article varieties test, and test and seed quality test institutions forged test, and test, and test data or issued false proved of, by County above government agricultural, and forestry competent sector ordered corrected, on units at 50,000 yuan above 100,000 yuan following fine, on directly is responsible for of competent personnel and other directly responsibility personnel at 10,000 yuan above 50,000 yuan following fine; has illegal proceeds of, and at confiscated illegal proceeds; to seed using who and other seed production operators caused loss of,

Joint and several liability and seed producers are serious, the people's Governments above provincial level on seed quality inspection authorities canceled qualifying.
Article 28th of the 73rd article violates this law, of violations of the rights to new varieties of plants, settled by the parties concerned, not consultation or negotiation, plant variety rights owner or an interested person may request the people's Governments above the county level agricultural, Forestry Department for processing, or you can directly initiate litigation to the people's Court.

Agriculture and forestry departments above the county level, according to the principle of voluntary, for damages caused by violations of rights to new plant varieties can mediate.

A conciliation agreement, the Parties shall perform; nonperformance or conciliation agreement has been reached by the parties, new plant variety right owner or interested parties may initiate litigation to the people's Court according to law. Violations of rights to new plant varieties according to the amount of compensation caused by the infringement on the rights of the actual losses determined actual losses are difficult to determine, can be determined according to the benefits derived by the infringer for infringement. Benefits human loss or infringement of rights of people it is difficult to determine, can refer to the multiples of the plant variety rights licensing fees reasonable. Should include the amount of compensation paid by the right holder to stop the infringing act of reasonable expenses.

Violations of the rights to new varieties of plants, in serious cases, can be determined in accordance with the above methods 1 time of more than three times the amount below to determine the amount of compensation.

Loss of rights holders, the infringer has earned interest and plant variety rights royalties are difficult to determine, the people's Court may under the plant variety right type, factors such as the nature and circumstances of the infringement, determined to give less than 3 million yuan in compensation.

The people's Government above the county level agricultural and forestry departments when dealing with cases of violations of rights to new varieties of plants, in order to safeguard public interests, to order the infringer to stop the infringing act, confiscate the illegal income and seeds; the value of less than 50,000 yuan, and between 250,000 yuan and 10,000 yuan fine; the value of more than 50,000 yuan, five times more than double the amount in value terms and fined a maximum of 10 times.

Counterfeited, by the agriculture and forestry departments above the county level shall enjoin the counterfeiting Act, confiscate the illegal income and seeds; the value of less than 50,000 yuan, and between 250,000 yuan and 10,000 yuan fine; the value of more than 50,000 yuan, five times more than double the amount in value terms and fined a maximum of 10 times.

74th where applications for new plant variety rights and plant variety rights ownership dispute may initiate litigation to the people's Court.

75th article violation this method 49th article provides, production business fake seed of, by County above government agricultural, and forestry competent sector ordered stop production business, confiscated illegal proceeds and seed, revoked seed production business license; illegal production business of goods value amount insufficient 10,000 yuan of, and at 10,000 yuan above 100,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount 10 times times above 20 times times following fine.

Due to production and trading fake seeds an offence was sentenced to at least, seed companies or other legal representative, and completing the direct responsible personnel may not serve as seed companies within five years from the date of the legal representatives and senior management personnel.

76th article violation this method 49th article provides, production business bad seed of, by County above government agricultural, and forestry competent sector ordered stop production business, confiscated illegal proceeds and seed; illegal production business of goods value amount insufficient 10,000 yuan of, and at 5,000 yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount five times times above 10 times times following fine; plot serious of, revoked seed production business license.

Production and operation of inferior seeds an offence was sentenced to at least, seed companies or other legal representative, and completing the direct responsible personnel may not serve as seed companies within five years from the date of the legal representatives and senior management personnel.

77th article violation this method 32nd article, and 33rd article provides, has following behavior one of of, by County above government agricultural, and forestry competent sector ordered corrected, confiscated illegal proceeds and seed; illegal production business of goods value amount insufficient 10,000 yuan of, and at 3,000 yuan above 30,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount three times times above five times times following fine; can revoked seed production business license:

(A) without obtaining the license production of seed of seed production and management;

(B) obtained by fraud, bribery or other improper means seed production and operation license;

(C) no seed production and management in accordance with the provisions of the license production of seeds;

(D) forge, alter, buy or lease the business licenses of seed production.

Been revoked business licenses of seed production unit, its legal representative, officer directly in charge of decision making may not serve as seed companies within five years from the date of legal representatives and senior management personnel.

The 78th article violates this law set forth in the 21st, 22nd, 23rd, any of the following acts, by the agriculture and forestry departments above the county level shall be ordered to desist from the illegal act, confiscate the illegal income and seeds, and fined a maximum of 20,000 yuan and 200,000 Yuan:

(A) shall be authorized without approval of promotion, sales of crop varieties;

(B) improved promotion, sales should be approved without the approval of varieties of trees;

(C) promotion, sales should stop promoting, sales of crop varieties or improved varieties of forest tree;

(D) to promote the registration registration of crop varieties, or on behalf of registered varieties for sale;

(E) to promote the registration of crop varieties, or on behalf of registered varieties for sale.

Violations set forth in this law 23rd, 42nd and what should be audited without verification or registration registration of crop varieties should be advertising, or advertising relating to the main characters description content inconsistent with the validation, registration, in accordance with the People's Republic of China advertisement law the relevant provisions shall be investigated for legal responsibility.

79th article violation this method 58th article, and 60th article, and 61st article provides, has following behavior one of of, by County above government agricultural, and forestry competent sector ordered corrected, confiscated illegal proceeds and seed; illegal production business of goods value amount insufficient 10,000 yuan of, and at 3,000 yuan above 30,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount three times times above five times times following fine; plot serious of, revoked seed production business license:

(A) unauthorized import and export of seeds;

(Ii) sold for overseas production of seeds;

(C) from imported crops or the introduction and testing of forest tree seed harvest as seed sales in the territory;

(Iv) import and export seeds or belong to the States prohibited the import of fake and inferior seeds.

80th article violates this law 36th, 38th, 40th, 41st, article, any of the following acts, the agriculture and forestry departments above the county level shall order rectification, fined a maximum of 2000 Yuan and 20,000 Yuan:

(A) sales packaging without package;

(B) the seeds sold without instructions or label does not meet the requirements;

(C) alter labels;

(D) does not provide for the establishment, preservation of seed production and management archives;

(E) the seed producers in remote branches, specializes in packaging no longer packaged seeds or seeds entrusted with the production, distribution, in accordance with stipulations for the record.

81st article violates this law article eighth, seize or damage germplasm resources, private collection or harvesting of germplasm resources of national key protected natural, the agriculture and forestry departments above the county level shall order to stop the illegal practice, germplasm resources and illegal income confiscated and fined a maximum of between 50,000 yuan and 5,000 yuan; losses caused shall bear liability.

82nd article violates this law article 11th, offer foreign germplasm resources or introduced from abroad, or foreign institution or individual to carry out cooperative research and utilization of germplasm resources of, by the State Council or the people's Governments of provinces, autonomous regions and municipalities of agriculture, germplasm resources and forestry authorities confiscated illegal gains and fines of between 20,000 yuan and 200,000 yuan.

Without obtaining the approval of the competent departments of agriculture, forestry documents carry germplasm resources, transportation out of the country, Customs shall detain the germplasm, and transferred to Governments of provinces, autonomous regions and municipalities directly under the agriculture and forestry departments.

83rd article violates this law article 35th, Rob green mining and grazing, damage to trees or seed on the shoddy, inferior seed trees in the forest, by the people's Governments above the county level forestry departments be ordered to stop seed production, confiscation of collected seeds, and a seed value of premises adopted more than twice times the amount fined a maximum of five times.

84th article violates this law article 39th, tree seeds to buy seeds or limit the acquisition of precious trees, acquisition by the people's Governments above the county level forestry authorities confiscate seeds, and acquired the seed value more than twice times the amount fined a maximum of five times.

85th article violates this law article 17th seed Enterprise fraud, by the people's Governments above provincial agriculture and forestry authorities fined a maximum of between 5 million Yuan and 1 million Yuan; 17th of the rules shall be made in accordance with this law to apply for approval; for seed users and cause losses to other seed producers, shall bear the liability for damages.

86th article violates this law article 45th, not according to forestry authorities plan to use improved varieties of forest tree, by the people's Government at the Forestry Department of rectification; fails to mend, fines of between 3,000 yuan and 30,000 yuan.

The 87th article violates this law article 54th, quarantine pests in seed production base test, the agriculture and forestry departments above the county level shall order to stop testing, and fined a maximum of between 50,000 yuan and 5,000 yuan.

88th article 50th of violates this law, refuse, obstruct agriculture, Forestry Department law enforcement supervision and inspection, more than 2000 Yuan and fined a maximum of 50,000 yuan, can order to suspend production for rectification; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security.

89th 13th article violates this law, privately traded breeding results, causing economic losses to the unit, assume liability in accordance with law.

Article 44th of the 90th article violates this law, forcing seed users purchasing or using seed against their will, that does damage to the consumer, shall bear the liability for damages.

91st article violates the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

The tenth chapter supplementary articles

The 92nd article of this law, the following terms mean:

(A) germplasm based material refers to the breeding of new varieties of plants, including various plants of cultivars and wild species of reproductive material, as well as make use of the reproductive material of the various plants to create artificial genetic material.

(B) the variety is through artificial selection or found and improved, morphology and biological characteristics, and genetic traits are relatively stable groups of plants.

(C) the main crops are rice, wheat, corn, cotton and soybeans.

(D) the main forest trees by the Forestry Department to determine and publish; provincial and State forest authorities and municipalities in the forestry authorities outside the main forest tree as determined by the State Council to determine the main forest trees of eight species.

(E) forest variety is through examination of main tree species in a certain area, yield, adaptability, resistance, and so obviously superior to the current main material of propagation material and the planting material.

(F) the novel refers to the application before the application of new variety right of plant varieties, by application right or agreed to sell, promote its own seeds in China did not exceed one year; abroad, or Woody vines for more than six years, other plants are not more than four years.

After the promulgation of this law the new inclusion in the national register of plant variety protection plant genera or species, made within one year from the date of publication of the list of applications for plant variety rights, territory sales, promote the seed for more than four years, novel.

In addition to sales and promotion outside the novelty, considered to be novelty the following circumstances: 1.

By the Governments of provinces, autonomous regions and municipalities directly under the agricultural and forestry departments has been formed according to the sown area to confirm the fact that proliferation; 2.

Crop varieties have been approved or registered for two years or more to apply for rights to new plant varieties.

(G) specifically refers to a species of plants there is more than one character differs significantly from known varieties.

(H) consistency refers to the characteristics of plant varieties in addition to an expected natural variations, a feature or features related to the performance of individuals within the group.

(IX) refers to a plant variety the stability after repeated propagation or in particular at the end of the reproductive cycle, its main characters remain the same.

(J) the known variety refers to the acceptance of the application or has passed the registration of varieties, varieties, the protection of new varieties, or has sales, promoting plant varieties.

(11) the label is printed, pasted, fixed or attached to the seeds, seed packaging specific logo and text description of the surface.

93rd grass seed, tobacco, herbs species of germplasm resource of edible fungi strains management and activities of breeding, production and management, management, reference to this law. 94th article this law shall enter into force on January 1, 2016.

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