On March 20, 1997 the People's Republic of the State Council Order No. 213 issued
Contents
General Provisions
The second chapter in 1997 and joined the content and attribution
Third Chapter in 1997 and joined the conditions
The fourth chapter in 1997 and joined the admissibility of the application and
The fifth chapter in 1997 and joined the review and approval
Chapter 6 deadline, terminate and void
Chapter VII penalties
Chapter VIII
General Provisions
The first purpose of protection of new plant variety rights, nurture and encourage the use of new varieties of plants and the promotion of agriculture, forestry development, the enactment of this Ordinance.
The second of this alleged new plant varieties, through artificial means or training to be found in wild plants develop, possess novelty, specificity, consistency and stability and properly named varieties of plants.
The third of the State Department of Agriculture, Forestry Administration (hereinafter collectively referred to approving authority) in accordance with the division of responsibilities for joint applications for new plant variety rights and review of the admissibility as well as compliance with the provisions of the new plant varieties granted new plant variety rights (hereinafter breeder).
Completion of the fourth national interest or the public interest and have significant value to the breeding of new varieties of plants or the unit or individual from the government, or above the county level departments will be awarded.
The fifth of the production, sales and marketing, was awarded in 1997 and joined the New Varieties of Plants (hereinafter varieties), it should be in accordance with relevant state seed laws, rules and regulations audited.
The second chapter in 1997 and joined the content and attribution
The sixth completion of the breeding units or individuals to their varieties, enjoy the exclusive monopoly rights. Any unit or individual without all breeder (hereinafter breeder) permit, not for commercial purposes in the production or sale of varieties of breeding materials, not for commercial purposes this breeding varieties of materials reused in the production of another species of breeding materials; However, the Ordinance another with the exception.
The seventh of the implementation of the unit or the main tasks of the unit is to use the material conditions of the duties performed by breeding new varieties of plants for the right to belong to that unit; Post-breeding of new varieties of plants belonging to apply for the right to complete the breeding individuals. Upon approval of the application, the applicant belongs breeder.
Commissioned breeding or cooperation breeding, in 1997 and joined the ownership by the parties in the contract agreement; No contractual agreements, the breeder is completed or commissioned jointly breeding units or individuals.
The eighth of a new plant varieties can only grant a breeder. Two of the applicants were on the same one of New Varieties of Plants in 1997 and joined the application, the first in 1997 and joined the grant application; While the application, first awarded in 1997 and joined the completion of the breeding of new varieties of plants people.
9 new varieties of plants for the right breeder and can be transferred according to law.
Chinese units or individuals on the domestic cultivation of new varieties of plants to foreigners the right to apply for transfer or breeder's rights, should be approved by the approving authority.
State-owned units in the domestic application for a transfer of power or breeder shall, in accordance with relevant state regulations reported by the relevant administrative departments approved.
Applications for the right to transfer or breeder's rights, the parties shall enter into a written contract, to the approving authority for registration, approval by the organs notice.
Article 10 under the following circumstances the use of varieties, corn and rice without permission, not to pay the toll, but not violations in 1997 and joined the people in accordance with the ordinances of other rights :
(A) The use of varieties for breeding and other research activities;
(2) from matings own farmers varieties of breeding materials.
Article 11 of the national interest or the public interest, approving authority can make the implementation of new plant varieties compulsory licensing, and the registration and public notice.
Gained with the implementation of compulsory licensing unit or individual should be paid to the breeder reasonable user fees, the amount agreed by the two sides; The two sides do not reach an agreement, approval by the agency's decision.
Breeder for compulsory licensing decisions or compulsory license fees unconvinced by the ruling, since the receipt of the notification date within three months file lawsuits.
Article 12 varieties regardless of the protection period expires, the marketing of the species should be authorized to use its registered name.
Third Chapter in 1997 and joined the conditions
Article 13 applications in 1997 and joined the new varieties of plants belonging to the State should be the protection of plant varieties listed in the Directory of plant species, or is. Plant Variety Protection List by the approving authority to determine and publish.
The 14th of the award in 1997 and joined the new plant varieties should have the novelty. Novelty, breeder refers to the application of new plant varieties in applications before the species breeding material not sold by breeders or the permission of the Chinese territory sales this species breeding material not more than one year; In China pui outside sales vine plants, trees, fruit trees and ornamental tree species breeding material not over six years, sales of other plant species breeding material not exceed four years.
The 15th of the award in 1997 and joined the new plant varieties should have specificity. Specificity refers to the application of the breeder of new plant varieties should be noticeably different from the previous application of known plant varieties.
The 16th of the award in 1997 and joined the new plant varieties should have the consistency. Consistency refers to the application of the breeder of new plant varieties through breeding, with the exception of the variation can be expected, its relevant characteristics or properties consistent.
Article 17 granted in 1997 and joined the new plant varieties should have stability. Stability refers to the plant variety rights for new varieties after repeated after breeding or in specific breeding cycle at the end of its relevant characteristics or properties remain unchanged.
The 18th of the award in 1997 and joined the new plant varieties should have a proper name, and with the same or similar types of plant genera or species known the names are different. The title, after registration for new varieties of plants common name.
The following names should not be used for named varieties :
(1) only digits;
(2) a breach of public morality;
(3) pairs of new varieties of plants characteristics, or the breeding characteristics of the identity of such easily lead to misunderstanding.
The fourth chapter in 1997 and joined the admissibility of the application and
Article 19 of China's units and individuals to apply for variety rights, direct or commissioned agents to the approving authority to submit applications.
China's units and individuals in 1997 and joined the new varieties of plants related to national security or vital interests of the need for confidentiality, it should be in accordance with relevant state provisions.
20 foreigners, foreign enterprises or other foreign organizations in China in 1997 and joined the application, it should be according to their respective States and the People's Republic of China signed the agreement or to join the international treaties, or to the principle of reciprocity in accordance with the Ordinance.
Article 21 of the breeder application should be submitted to the approving authorities meet formal requirements of the request, brochures and pictures of the varieties.
Applications should be written in Chinese.
Article 22 of the approving authority received in 1997 and joined the date of application documents for the application; The documents are mailed to poke sent to the application date.
Article 23 of the foreign applicants comfortable the first time in 1997 and joined the date of the application within 12 months, in China on the application of new plant variety rights in accordance with the foreign with an agreement signed between the People's Republic of China or to join international treaties, or to the mutual recognition of the principle of priority, can enjoy priority.
The applicant claims priority, the application should be made in writing, and within three months of submission of the original agencies to determine the admissibility of the first proposed in 1997 and joined the copies; Not in accordance with the provisions of this Ordinance or written statements submitted copies of the application documents, did not request as a priority.
The 24th of the right in accordance with the provisions of Article 21 of the Ordinance of 1997 and joined the application, examination and approval departments shall be admissible, a clear application, granted, and the application is received from the date of a notice on the applicants to pay an application fee.
Right or not, as amended does not conform with the provisions of Article 21 in 1997 and joined the application and approval organs inadmissible, and notify the applicant.
The 25th applicant granted in 1997 and joined the former breeder revise or withdraw the application.
The 26th of the unit or individual domestic cultivation of new varieties of plants abroad to apply for variety rights, it should be registered to the approving authorities.
The fifth chapter in 1997 and joined the review and approval
Article 27 of the applicants to pay an application fee, the approving authority for 1997 and joined the following preliminary review :
(1) whether the protection of plant varieties listed in the roster plant genera or species;
(2) compliance with the provisions of Article 20 of the Ordinance;
(3) compliance with the requirement of novelty;
(4) new varieties of plants appropriate name.
The 28th of the approving authority shall be admissible in 1997 and joined the date within six months
Upon completion of the preliminary review. Right after the preliminary examination qualified in 1997 and joined the application and approval organs notice and notify the applicant within three months to review fees paid.
Right after the preliminary examination in 1997 and joined the failed application and approval authorities in the applicant should be informed within three months or representations to be amended; Overdue answer or amendments still fail the denial of the application.
In accordance with Article 29 of the applicants to pay the fee, the approving authority for 1997 and joined the specificity, consistency and stability for the substantive review.
The applicant has failed to pay in accordance with the provisions of the fee, in 1997 and joined considered withdrawn.
The 30th of the approving authority for applications based on documents and other written materials into the
OK substantive review. Approving authority considers it necessary, can be entrusted to the tests required for institutions to conduct the test or inspection has been completed planting or other test results.
Due to the review necessary, the applicant shall, in accordance with the requirements and approval departments to provide the necessary information and the new varieties of plants grow.
Article 31 of substantive review by the compliance with the provisions of the 1997 and joined the application, examination and approval departments shall make the decision breeder award, presented in 1997 and joined the certificate and the registration and public notice.
Right after substantive review does not meet the requirements of the Ordinance in 1997 and joined the application and approval organs to be rejected, and notify the applicant.
32 of the approving authority for the establishment of new plant varieties board.
The approving authority rejected in 1997 and joined the unconvinced by the decision, the applicant can receive from the date of notification three months, the new plant varieties to the board to review the request. Review of New Varieties of Plants Committee shall review the request received from the date within six months to make a decision and notify the applicant.
Applicants for new plant varieties board unconvinced by the decision, it received notice from the date of 15 days to file lawsuits.
Article 33 was awarded the breeder, since the initial review of qualified until the date of notice was given in 1997 and joined the date of the period for the applicant without permission for commercial purposes in the production or sale of breeding varieties of units and individuals to recover in 1997 and joined the people's rights.
Chapter 6 deadline, terminate and void
Breeder of the 34th term of protection, since the date of authorization, vine plants, trees, fruit trees and ornamental trees for 20 other plants for 15 years.
Article 35 since 1997 and joined the people should be awarded beginning in 1997 and joined the payment of the annual fee, in accordance with the approving authority for the request for the detection of varieties of breeding materials.
Article 36 is one of the following cases, in 1997 and joined its protection period is terminated before the expiry :
(1) in 1997 and joined the people a written statement to abandon breeder;
(2) in accordance with the breeder did not pay the annual fee;
(3) failure in 1997 and joined the authority in accordance with the approval of the request for the detection of varieties of breeding materials;
(4) Upon detection of the varieties are no longer being awarded in 1997 and joined the features and characteristics of the.
Breeder of the termination by the approving authority for the registration and public notice.
Since the 37th of the approving authority granted in 1997 and joined the notice date, the new plant varieties members can also review the terms of the basis or on the basis of any unit or individual, a written request for non-compliance with the Article 14, Article 15, Article 16 and 17 of the breeder declared invalid; Right do not conform with the provisions of Article 18, to be renamed. Breeder declared invalid or rename the decision by the approving authority for the registration and public notice and notify the parties.
The new plant varieties board unconvinced by the decision, since the receipt of the notification date within three months file lawsuits.
Article 38 has been declared as null and void from the beginning of 1997 and joined the non-existent.
Breeder declared null and void the decision to declare the former People's Court and the implementation of new plant varieties infringement decisions and rulings, the provincial people's governments above the agricultural and forestry sector and the implementation of new plant varieties infringement decisions, and have fulfilled the new plant varieties licensing contracts the new plant variety rights and the transfer of the contract, does not have retrospective effect. However, in 1997 and joined the malicious damage caused to others, should be given reasonable compensation.
In accordance with the preceding section, the breeder or the breeder assignor to the licensee or the assignee return royalty or transfer fees, obviously violates the principle of equality, or the breeder breeder assignor shall be permitted to implement the assignee people who return all or part of transfer fees or charges.
Chapter VII penalties
Article 39 of the breeder without permission for commercial production or sales purposes varieties of breeding materials, corn and rice or interested party may request that the provincial government over agriculture, forestry administrative departments in accordance with their respective terms of processing, can be directly brought to the people's court proceedings.
The provincial people's governments above the agricultural and forestry sector in accordance with their respective mandates, according to the principle of voluntary parties, as a result of tort damages can mediate. The conciliation agreement, the parties concerned should perform; Mediation failed to reach an agreement, breeder or interested party may, in accordance with civil proceedings brought to the people's court proceedings.
The provincial people's governments above the agricultural and forestry sector in accordance with their respective mandates in 1997 and joined the handling infringement cases, to safeguard public interests, could be ordered to stop infringing the patent, confiscation of illicit proceeds, will be sentenced to five times the illegal income and a fine.
The 40th of the fake varieties, the people's governments above the county level by the agriculture and forestry sector in accordance with their respective mandates ordered to stop counterfeiting, illegal income confiscated plants breeding material, in addition to an illegal income five times a fine; In serious cases, which constitute a crime, to be held criminally responsible.
More than 41 provincial people's governments of agriculture and forestry in accordance with their respective terms of the infringement cases investigated in 1997 and joined the people's governments above the county level and the agricultural and forestry sector in accordance with their respective terms of the investigation of fake varieties of cases, according to their needs, can be sealed or seizure related to a case Plant breeding varieties of materials, inspection, copying or sealed with the case of contracts, records and related documents.
Sales of the 42 species not authorized the use of its registered name, the people's governments above the county-level agricultural and forestry sector in accordance with their respective mandates ordered deadline to rectify the situation, be liable to below 1,000 yuan fine.
The parties on the 43rd of new varieties of plants for the right breeder and the ownership controversy, to file lawsuits.
On the 44th of the county government in the agricultural, forestry and administrative departments and the staff abuse of power and dereliction of duty, bending, and engaging in bribery, which constitute a crime, to be held criminally responsible; But do not constitute a crime, shall be given administrative punishment.
Chapter VIII
The 45th of the approving authority can be imposed on the former first to include the protection of plant varieties and the roster of the new regulations come into force include the protection of plant varieties is a list of plants or
New types of requirements modify provisions.
Article 46 of the Ordinance since October 1, 1997 has come into effect.
