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Ministry Of Agriculture Agricultural Plant Variety Rights Agency Provisions

Original Language Title: 农业部农业植物新品种权代理规定

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(December 30, 2002, the Ministry of agriculture released 23rd) Chapter I General provisions article I in order to guarantee rights to new varieties of agricultural plants (the right) agents and the legitimate rights and interests of the applicant, maintain normal order of variety rights agency work, in accordance with the People's Republic of China regulations on the protection of new varieties of plants, these provisions are formulated.
    Second agency in these rules refers to the varieties of business on behalf of clients, within the mandate of the client for variety right application or other relevant matters.
    Article variety rights agency enterprises in these rules refers to the variety within the purview of the Agency, delegates received clients at home and abroad, handling variety right application or other service-related services business. Chapter II rights fourth engaged in agency business must meet the following conditions: (I) is a partnership, or limited liability companies, (ii) with 2 or more achieved right agent qualification certificate (hereinafter certificate) of full-time personnel.
    Foreign rights agent, shall have at least 1 person to master a foreign language and (iii) has engaged in conduct of agency business office space and equipment; (d) the right to engage in domestic business with a registered capital of not less than 100,000 yuan; foreign rights agent, the registered capital shall not be less than RMB 300,000. The fifth Department of Agriculture Office of protection of new varieties of plants (hereinafter referred to as variety protection Office) is responsible for the variety rights agents qualification examination and approval.
    Applications for enterprises engaged in agency business, shall be submitted to the Office for the protection of the following documents: (a) engage in the varieties of business enterprise applications; (b) the status of enterprise legal persons a copy of the certificate, (iii) copies of articles; (d) the variety rights agent qualification certificate and proof of human relations (v) enterprises registered capital of proof.
    Sixth article since varieties Protection Office approved of day up, varieties right agent enterprise law carried out following varieties right agent business: (a) provides varieties right application, Affairs Advisory; (ii) generation wrote varieties right application file; (three) handle varieties right application, and review and review of about Affairs; (four) handle requests declared varieties right invalid of about Affairs; (five) handle new varieties application right, and varieties right transfer and varieties right implementation license of about Affairs; (six) agent varieties right disputes Affairs; (seven) agent other about Affairs.
    Seventh variety rights agency authorized to undertake business, should have the client sign a written power of Attorney, delegate to a State matter and deadlines.
    After eighth variety rights agents entrusted, shall not be the same species right to accept other clients interested delegates. Nineth variety rights agency enterprises should recruit qualified personnel for the right agent and reported to the Office for the protection of the record.
    Termination of the employment relationship, reported variety protection Office. Tenth agency enterprise changes its corporate name, address and legal representatives should be reported to variety protection Office, upon approval, after registration, changes to be effective.
    Variety rights agency enterprises out of business, after the deal, reported variety protection Office Agent cancellation procedures. 11th variety protection Office of the variety rights agency enterprise annual inspection system. Right to change agents no longer meets the conditions of this article fourth, variety protection office is entitled to require its correction within.
    Still does not meet the requirement after the expiration of variety protection office no longer receives its business agent, and shall be published.
    12th chapter variety right agent agents the right to breed in these rules refers to the qualification certificate issued by the Office for the protection of personnel.
    13th champion People's Republic of China Constitution, and satisfy the following conditions of civil protection office examinations, can apply for the certificate: (a) 18 years of age, with full civil capacity, (ii) full-time ordinary Bachelor degree in plant breeding and plant cultivation class of colleges and universities graduate and (iii) be familiar with the regulations for the protection of new varieties of plants and related laws and regulations.
    14th variety agent shall be a variety within the enterprise engaged in agency work, privately commissioned.
    15th certified does not engage in the right business within 5 years, its qualification certificate void.
    16th State organ staff members shall not engage in the right business.
    17th varieties of new agents in the agency business activity known varieties, in addition to published, has a duty of confidentiality.
    Fourth chapter schedule 18th article varieties right agent enterprise has following case one of of, varieties Protection Office no longer received its agent of business, and be announcement: (a) application approval Shi hide real situation, fraud of; (ii) unauthorized change main registration matters of; (three) without review approved or beyond approved agent business range unauthorized accept delegate, hosted agent business of; (four) engaged in other illegal business activities of.
    19th article varieties right agent has following case one of, varieties Protection Office no longer received its agent business, and be announcement: (a) not perform duties or for not competent and damage client interests of; (ii) leaked or plagiarism client of new varieties content of; (three) beyond agent permission, damage client interests of; (four) privately accept delegate, hosted agent business, charged costs of.
    The 20th by the Ministry of agriculture is responsible for the interpretation of these provisions.
                                        21st article of the regulations come into force on February 1, 2003.