Protection of New Varieties of Plants
2013-06-28 11:05
Protection of New Varieties of Plants Wikipedia card approval process for new plant varieties "Regulations on Protection of New Varieties of Plants" on March 20, 1997 by The People's Republic of China State Council Order No. 213 announced, according to the January 31, 2013 The People's Republic of China State Council Order No. 635, "State Council on Revising
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State Council decided to amend Protection Ordinance Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter Expand edit this section the State Council Order No. 635, "the State Council on Modify2013 年 1 月 31 edition of this paragraph, the State Council on Amending the decision to modify the "PRC Regulations on Protection of New Varieties of Plants," the decision to the State Council decided on the "Protection of New Varieties of Plants" modified as follows:
First, the third paragraph of Article 39 is amended as: "the provincial people's government in agriculture, forestry administrative departments in accordance with their respective mandates, processing varieties infringement cases, in order to safeguard the public interest, may order the infringer stop the infringement, confiscate the illegal income and plant variety propagating material; total value of more than $ 50,000, to a value of more than five times the amount of a fine of not less; no value or the amount of the total value of 50,000 yuan, according to the seriousness liable to a fine of 250,000 yuan or less. "
Second, the Article 40 is amended as: "fake varieties authorized by the people's governments above the county level agricultural, forestry administrative departments in accordance with their respective mandates ordered to stop counterfeiting, confiscate the illegal income and plant species propagation material; goods value of the amount of more than $ 50,000, the value at more than five times the amount of a fine of not less; no value or the amount of the total value of 50,000 yuan, according to the seriousness of the case, at 250,000 yuan shall be imposed; circumstances are serious, constitutes a crime, be held criminally responsible. "
This decision March 1, 2013 into effect.
"Protection of New Varieties of Plants," according to this decision be amended accordingly and re-released. [1] Edit this paragraph Protection Ordinance (March 20, 1997 The People's Republic of China State Council Decree No. 213 published under the January 31, 2013, "the State Council on Revising
Article 2 The term New Varieties of Plants, is artificially cultivated or wild plants to be developed on the discovery, possess novelty, distinctness, uniformity and stability and have appropriately named varieties of plants.
Article departments of agriculture, forestry administrative departments (hereinafter referred to as the approving authority) in accordance with the division of responsibilities jointly responsible for accepting applications for new plant varieties and examination and meet the requirements of this Ordinance to grant new varieties of plants new varieties of plants (less says Variety).
Article 4 Accomplishing the national interest or the public interest and has significant application value, breeding new varieties of plants units or individuals, or by the relevant departments of the people's government above the county level shall be rewarded.
fifth production, marketing and promotion was awarded Variety of New Varieties of Plants (hereinafter referred to as authorized varieties), the seed should be in accordance with relevant state laws and regulations approval. [1] Edit this paragraph Article VI Chapter breeding units or individuals to complete their authorized varieties, enjoy exclusive exclusive rights. Any unit or individual without variety rights owners (hereinafter referred to as the variety rights holder) permission for commercial purposes produce or sell propagating material of the protected variety, not for commercial purposes propagating material of the protected variety reused in the production of another species propagation material; however, except as otherwise provided in this Ordinance.
implementation of Article VII of the tasks of the unit or the main unit is the use of the material conditions of the duties performed by breeding new varieties of plants for the right to belong to the unit; non-service breeding, new varieties of plants belonging to the right to apply to complete breeding individuals. After the application is approved, the variety belongs to the applicant.
commissioned or cooperative breeding breeding, variety rights vested by the parties in the contract; no contract, the variety is complete or have completed entrusted breeding units or individuals.
Article VIII a new plant variety can only be granted to a variety rights. Two or more applicants to apply for the same varieties of new plant varieties, varieties granted to the first person applying; concurrently filed, the completion of the plant variety right granted to the first breeding of new varieties of people.
Article IX right to apply new plant varieties and varieties can be transferred according to law.
Chinese entity or individual in respect of its domestic cultivation of new varieties of plants for sale to foreigners the right to apply or variety rights shall be subject to examination and approval authority.
application for transfer of state-owned units in the country right or the variety, it shall be reported in accordance with relevant state regulations approved by the relevant administrative departments.
transfer application right or varieties, the parties shall enter into a written contract and approval authority registration shall be published by the approving authority.
Article in the following cases authorized varieties, varieties can be used without permission,Online discount stores On Sale Women Nike Air Max 2013 Sliver Red shoes , and without payment of royalties, but not in accordance with the regulations infringe human varieties other rights:
(a) the use of authorized varieties for breeding and other research activities;
(two) farmers' varieties bred breeding materials authorized for personal use.
Article XI in the national interest or public interest, the approval authority may make the implementation of new plant varieties compulsory license, and shall be registered and announced.
obtain a compulsory license for the unit or individual shall pay a reasonable fee for use of varieties, the amount agreed upon by both parties; parties can not reach an agreement, the approving authority ruling.
Variety people compulsory licensing decisions or compulsory license fee to a ruling, you can customize the date of receipt of the notification within three months the people's court proceedings.
Article XII authorized varieties regardless of whether the expiry of the term of protection, the sale of the authorized varieties should use their registered name. [1] Edit this paragraph apply Article 13 of Chapter III of plant variety rights shall belong to the state of new varieties of plant variety protection list enumerated genus or species of plants. List of protected plant varieties determined and announced by the approving authority.
Article XIV of plant variety rights granted must possess novelty of new varieties. Novelty refers to a plant variety right application filing date of new varieties of propagating material of the species has not been sold or licensed by the breeders, sales in China propagating material of the species does not exceed one year; sales outside China lianas, trees , fruit trees and ornamental tree species propagation material is not more than six years, sales of other plant species propagation material is not more than four years.
Article XV award the variety of new plant varieties should have specificity. Specificity refers to the application of new varieties of plant variety rights should be clearly distinguished from submitting the application previously known plant species.
Article XVI award the variety of new plant varieties should have consistency. Consistency, refers to the application of new varieties of plants varieties through breeding, in addition to outside of variation can be expected, and its associated features or characteristics consistent.
Article XVII award the variety of new plant varieties should have stability. Stability, refers to the application of new varieties of plant variety rights after repeated propagation or after the end of the reproductive cycle in particular, its associated features or characteristics remain unchanged.
Article XVIII award the variety of new plant varieties should have an appropriate name, and with the same or similar plant genus or species name to distinguish the known varieties. That name has been registered for new plant varieties after the generic name.
The following names shall not be used varieties named:
(a) only digits;
(two) violation of public morality;
(three) on the characteristics of new varieties of plants, features, or the identity of the breeder misleading. [1] Edit this paragraph Chapter IV Article XIX Chinese units and individuals to apply for variety rights, either directly or through an agency to apply to the approving authority.
Chinese units and individuals to apply for new varieties of plants varieties involving national security or vital interests of the need for confidentiality, it shall be in accordance with relevant state regulations.
Article XX foreigner, foreign enterprise or other foreign organization apply for variety rights in China, it should be in accordance with an agreement signed between the country and the People's Republic of joint participation in international treaties or handled, or the basis of reciprocity, in accordance with The regulations apply.
Twenty-one application for variety rights, shall be submitted to the approving authority in the prescribed format required by request, a description, and the variety of photos.
application documents shall be written in Chinese.
Twenty-two varieties approval authority receives the application documents the date of application; application documents are sent by mail, the postmark date of filing.
Twenty-three applicants at ease foreign varieties was first filed the application within 12 months, and new varieties of plants in China in respect of applications made varieties, in accordance with the PRC signed the foreign agreements or joint participation in international treaties, or according to the principle of mutual recognition of the right of priority, enjoy priority.
applicant claims priority, the application shall be made in writing and submitted within 3 months of receiving agency recognized by the original first filed application for variety rights copies; fails to comply with the provisions of this Ordinance written description or submit application document shall be deemed not claim priority.
Article 24 comply with the provisions of Article 21 of this Ordinance variety rights application, approval authority shall accept, clarify the application date, given an application number and the date of receipt of the application within one month notify the applicant to pay the application fee.
do not meet or still can not meet the revised requirements of Article 21 of this Ordinance variety rights application, approval shall not accept, and notify the applicant.
Article 25 An applicant may amend or withdraw Variety Variety before the grant application.
Twenty-six Chinese entity or individual will cultivate new varieties of plants domestic to foreign applications for variety rights, shall apply to the examination and approval authorities. [1] Edit this paragraph Chapter V Article 27 The applicant pay the filing fee, the approval authority the application for variety rights following a preliminary review:
(a) is a list of protected plant varieties listed in the range of plant genera or species;
(two) meets the requirements of the provisions of Article 20;
(three) meets the requirements of novelty;
(four) the naming of new varieties of plants are appropriate.
Article 28 varieties approval authority shall accept the application within six months from the date of completion of the initial review. After preliminary examination on the application for variety rights, the approval authority shall be announced, and notify the applicant in the three months to pay the examination fee.
for substandard varieties preliminary examination application and approval authority shall notify the applicant within three months representations or to be amended; overdue correction or reply, even after the unqualified rejection of the application.
Article 29 The applicant shall pay the examination fee, the approval authority the application for variety rights distinctness, uniformity and stability of the substantive examination.
applicant does not pay the examination fee, the variety application shall be deemed withdrawn.
Article 30 approval authority based primarily on application documents and other relevant written materials for substantive review. Approval authority deems necessary, can be entrusted to the designated testing agency to test or inspection has been completed planting, or other test results.
due examination necessary, the applicant should be based on the requirements of the approving authority to provide the necessary information and breeding of new varieties of the plant material.
Article 31 substantive examination in line with the regulations of the variety rights application, approval authorities shall make a decision to award the variety, varieties certificates issued, and shall be registered and announced.
for substantive examination does not meet the requirements of this Ordinance variety rights application and approval authority for rejection, and notify the applicant.
Article 32 establishment of New Varieties of Plants approving authority Reexamination Board.
variety right application for approval authorities rejected satisfied with the decision, the applicant can customize the date of receipt of the notification within three months, to plant new varieties Reexamination Board reexamination. New Varieties of Plants Reexamination Board shall receive the written request for a review within six months from the date of the decision and notify the applicant.
New Varieties of Plants applicant disagrees with the decision of the review board, you can customize notification is received within 15 days of the people's court proceedings.
Article 33 Variety is granted after the announcement from the preliminary examination until the date of the grant date and ending on the plant variety, without the applicant for permission, for commercial purposes, producing or selling the authorization propagating material of varieties of units and individuals, the variety shall enjoy the right to recover. [1] Edit this paragraph Variety Chapter VI Article 34 The term of protection from the date of authorization, vines, forest trees, fruit trees and ornamental trees of 20 years, other plants is 15 years.
Article 35 variety rights shall be granted varieties pay an annual fee beginning with the year, and in accordance with the requirements of the approving authority to provide for the detection of propagating material of the protected variety.
Article 36 of the following circumstances, the variety in its protective terminated prior to the expiration of:
(a) a written declaration renounce Variety Variety Rights;
(two) variety rights holder does not pay the annual fee;
(three) varieties of people not in accordance with the requirements of the approving authority to provide the authorization required to detect a variety of propagation material;
(four) tested species no longer meets the authorization is granted when Variety features and characteristics.
Variety of termination, be registered and announced by the approving authority.
Article 37 since the approval authority from the date of announcement of the grant varieties, new varieties of plants can be based on terms of reference of the review committee, or pursuant to any entity or individual's written request, do not conform to the provisions of Article 14, the tenth five, 16 and 17 of these Rules, Variety declared invalid; does not meet the requirements of the provisions of Article 18, to be renamed. Variety declared invalid or renamed decision be registered and announced by the approving authority and notify the parties.
Reexamination Board for New Varieties of Plants satisfied with the decision, you can customize the date of receipt of the notification within three months the people's court proceedings.
Article 38 varieties were declared invalid as from the beginning does not exist.
Variety declared invalid the decision of the people's court before the declaration has been made and the implementation of new varieties of plants infringement judgment, ruling, the provincial people's government in agriculture, forestry administrative department has been made and executed infringement of New Varieties of Plants treatment decisions,Football Boots Soccer Cleats Shoes Nike Mercurial Vapor Superfly III FG Red Blue Orange Barcelona , and have fulfilled the license contract for new plant varieties and plant variety rights transfer contract, does not have retrospective effect; however, because of the variety rights holder of malicious damage caused to another shall be given reasonable compensation.
in the preceding paragraph, the variety or varieties of people who are not transferred to the licensee or assignee who return fee or transfer fee, in clear violation of the principle of fairness, the variety or varieties of people who should be transferred to the the licensee or assignee who repay the whole or part of the fee or transfer fee. [1] Edit this paragraph of Article 39 of Chapter VII varieties without permission, for commercial purposes authorized varieties produce or sell propagating material, the variety or interested party may request the people's government above the provincial level agriculture, forestry administrative department for processing in accordance with their respective mandates, but also directly to the people's court proceedings.
provincial people's government in agriculture, forestry administrative departments in accordance with their respective mandates, according to the parties on a voluntary principles for the damages caused by the infringement may conduct mediation. Mediation agreement, the parties shall perform; mediation fail to reach agreement, the variety or interested person may, in accordance Civil Procedure to the people's court proceedings.
provincial people's government in agriculture, forestry administrative departments in accordance with their respective mandates, processing varieties infringement cases, in order to safeguard the public interest, may order the infringer to stop the infringing act, confiscate the illegal income and plant species propagation material; Value amount of more than $ 50,000, the value at more than five times the amount of a fine of not less; no value or the amount of the total value of 50,000 yuan or less, depending on the seriousness liable to a fine of less than 250,000 yuan.
Article 40 varieties of fake authorization by the people's governments above the county level agricultural, forestry administrative departments in accordance with their respective mandates ordered to stop counterfeiting, confiscate the illegal income and plant species propagation material; total value of more than $ 50,000 , the value at more than five times the amount of a fine of not less; no value or the amount of the total value of 50,000 yuan or less, depending on the seriousness at 250,000 yuan shall be imposed; serious enough to constitute a crime, shall be investigated for criminal responsibilities.
Article 41 of the provincial people's government agricultural and forestry administrative departments in accordance with their respective powers and infringement cases investigated varieties of people's governments above the county level agricultural, forestry administrative departments in accordance with their respective powers authorized varieties investigated cases of counterfeit When necessary, you can archive or seizure related to the case of propagation material of plant varieties, inspection, copying, or archiving and case-related contracts, account books and related documents.
Article 42 The marketing authorization species not using its registered name, by the people's governments above the county level agricultural, forestry administrative departments in accordance with their respective terms of reference shall be imposed, be liable to a fine of 1,000 yuan.
Article 43 The parties to the application of new plant varieties and varieties of ownership rights dispute may apply to the people's court proceedings.
Article 44 The people's governments above the county level agricultural, forestry administrative department and other relevant departments who abuse their power,Online discount stores On Sale Nike Air Force 1 Mens Red Black shoes , dereliction of duty, favoritism, bribery, constitutes a crime, be held criminally responsible; does not constitute a crime, shall be given administrative sanctions. [1] Edit this paragraph of Article 45 of Chapter VIII of the approving authority prior to the implementation of the Ordinance can be included in the first list of protected plant varieties and after the implementation of the new regulations included in the list of protected species of plants plant genus or species of the novelty modifications required to make provisions.
Article 46 of the Ordinance since October 1, 1997 into effect. [1]