Regulations on Administrative Protection of
Agricultural Chemical Products

( Approved by the State Council of People' s Republic of China on December 26, 1992 and
Promulgated by Decree No. 7 of the Ministry of Chemical Industry on December 26, 1992 )

Chapter I Chapter II Chapter III Chapter IV Chapter V

General Provisions Application for Administrative Protection Examination and Approval of Application for Administrative Protection Duration, Cessation, Revocation and Effect of Administrative Protection Supplementary Provisions

Chapter I   General Provisions

Article 1. These Regulations are enacted with a view to expanding economic and technological cooperation and exchange with foreign countries, providing administrative protection to the lawful rights and interests of the owners of the exclusive right of foreign agricultural chemical products.

Article 2. The "agricultural chemical products", as mentioned in these Regulations, refers to chemical synthetic pesticides used in agricultural production, they are herbicides, insecticides, fungicides, raticides and plant growth regulators produced by means of chemical synthesis.

Article 3. Enterprises and other organizations and individuals from the country or the region, which has concluded bilateral treaty or agreement with the People' s Republic of China on administrative protection of agricultural chemical products, may apply for administrative protection of agricultural chemical products in accordance with these Regulations.

Article 4. The competent authorities of chemical industry under the State Council receives and examines applications for administrative protection of agricultural chemical products, grants administrative protection to the agricultural chemical products which conform with the provisions of these Regulations, issues the certificates for administrative protection to the applicants.

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Chapter II Application for Administrative Protection

Article 5. An agricultural chemical product which applies for administrative protection shall meet the following requirements:

1) was not subject to protection by exclusive rights in accordance with the provisions of the China's Patent Law prior to January 1, 1993;

(2) is subject to an exclusive right to prohibit others from making, using or selling it in the country to which the applicant belongs, which was granted after January 1, 1986 and before January 1, 1993;

(3) has not been marketed in China prior to the date of filing the application for administrative protection.

Article 6. The right of applying for administrative protection of an agricultural chemical product belongs to the owner of the exclusive right of the agricultural chemical product.

Article 7. Where an owner of the exclusive right of a foreign agricultural chemical product applies for administrative protection, he or it shall appoint an agency designated by the competent authorities of chemical industry under the State Council to act as his or its agent.

Article 8. An applicant shall provide the following documents both in Chinese and the original language:

(1) an application for administrative protection of the agricultural chemical product;

(2) a copy of the certificate issued by the competent authorities of the country to which the applicant belongs granting such exclusive right;

(3) a copy of the document issued by the competent authorities of the country to which the applicant belongs for the approval for manufacturing and/or of sale of the such agricultural chemical products;

(4) a copy of a contract for the manufacture and/or sale formally entered into between the applicant and a Chinese enterprise as legal person (including foreign capital enterprises, Chinese-foreign joint venture enterprises, or Chinese-foreign cooperative enterprises), with respect to the manufacture and/or sale of the agricultural chemical product in China.

Article 9. Before or after applying for the administrative protection, the owner of the exclusive right of a foreign agricultural chemical product shall apply to the competent authorities of agriculture under the State Council for going through the registration procedures.

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Chapter III Examination and Approval of Application for Administrative Protection

Article 10. Within 15 days from the date of receipt of the application documents for administrative protection, the competent authorities of chemical industry of the State Council, upon preliminary examination, shall make the following decisions according to their specific circumstances:

(1) where the application documents are in conformity with the provisions of Article 8 of these Regulations, issue the notification of acceptance and announce it;

(2) where the application documents are not in conformity with the provisions of Article 8 of these Regulations, request the applicant to complement within a definite time; if the time limit for making complement is not met, the application shall be deemed to have not been filed.

Article 11. The competent authorities of chemical industry under the State Council shall finish the examination within six months, from the date of receipt of the application documents, or from the date of receipt of the complementary documents stipulated in Article 10 (2) of these Regulations, if, under special circumstances, the examination can not be finished within six months, the competent authiorities of chemical industry under the State Council shall promptly notify the applicant, inform the reason and properly prolong the examination time.

After examination, where the application is in conformity with the provisions of these Regulations, administrative protection shall be granted; where the application is not in conformity with the provisions of these Regulations, no administrative protection shall be granted and the applicant shall be informed of the reason.

Article 12. Where an agricultural chemical product is granted with administrative protection, the competent authorities of chemical industry under the State Council shall issue the certificate for administrative protection and make an announcement.

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Chapter IV Duration, Cessation, Revocation and Effect of Administrative Protection

Article 13. The term of administrative protection begins from the date on which the certificate for administrative protection of an agricultural chemical product is issued and remains in force for seven years and six months.

Article 14. The owner of the exclusive right of a foreign agricultural chemical product shall pay an annual fee beginning with the year in which the certificate for administrative protection of the agricultural chemical product is issued.

Article 15. In any of the following cases, administrative protection shall cease before the expiration of its duration:

(1) where the exclusive right of an agricultural chemical product had been invalid or had lost efficacy in the country to which the applicant belongs;

(2) where the owner of the exclusive right of an agricultural chemical product does not pay an annual fee as prescribed;

(3) where the owner of the exclusive right of an agricultural chemical product abandons the administrative protection by a written declaration;

(4) where the owner of the exclusive right of an agricultural chemical product does not apply to the competent authorities of agriculture under the State Council for going through the registration procedures within a year from the date on which the certificate for administrative protection of the agricultural chemical product is issued.

Article 16. Where, after the certificate for administrative protection of an agricultural chemical product has been issued, any organization or individual thinks that the grant of administrative protection to the subject product is not in conformity with the provisions of these Regulations, it or he may request the competent authorities of chemical industry under the State Council to revoke the administrative protection of the subject product; Where the owner of the exclusive right of the subject product is not satisfied with the revocation decision made by the competent authorities of chemical industry under the State Council, it or he may institute legal proceedings in the people's court.

Article 17. The cessation or revocation of administrative protection of an agricultural chemical product shall be announced by the competent authorities of chemical industry under the State Council.

Article 18. Where there is any manufacture or sale of an agricultural chemical product that with no authorization of the owner of the exclusive right of the agricultural chemical product who has obtained administrative protection, the owner of the exclusive right of the agricultural product may request the competent authorities of chemical industry under the State Council to stop the infringing act; if the owner of the exclusive right of the agricultural chemical product requests for economic compensation, he or it may institute legal proceedings in the people' s court.

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Chapter V Supplementary Provisions

Article 19. The competent authorities of chemical industry under the State Council shall take measures to keep secret of the materials provided by applicants which require to be kept secret.

Article 20. Any application for administrative protection of agricultural chemical products filed with, and any other relevant proceedings before, the competent authorities of chemical industry under the State Council shall be subject to the payment of a fee as prescribed.

Article 21. The rules for the implementation of these Regulations shall be formulated by the competent authorities of chemical industry under the State Council.

Article 22. The competent authorities of chemical industry under the State Council shall be responsible for the interpretation of these Regulations.

Article 23. These Regulations shall enter into force on January 1, 1993.

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