You are here

Regulations on the Protection of New Varieties of Plants (1997)

General Provisions

Article 1.   These Regulations are formulated to protect the rights in new varieties of plants, to encourage the breeding and use of new varieties of plants, and to promote the development of agriculture and forestry.

Article 2.   The new plant variety referred to in these Regulations means a cultivated plant variety, or a developed one based on a discovered wild plant, which is new, distinct, uniform and stable, and whose denomination is adequately designated.

Article 3.   The administrative departments of agriculture and forestry under the State Council (both referred to hereinafter as the "examining and approving au-thorities") are jointly responsible, according to the division of their job responsibilities, for the receipt and examination of applications for rights in new varieties of plants, and for the grant of rights in new varieties of plants (hereinafter referred to as "variety rights") in respect of those new varieties of plants that conform to the provisions of these Regulations.

Article 4.   The people's governments at county level or above or other relevant departments shall reward the entity which or the person who has accom-plished the breeding of a new plant variety that has a bearing on the national or the public interest and is of great value for use.

Article 5.   The production, sale and dissemination of a new plant variety in respect of which variety rights have been granted (hereinafter referred to as the ¡°protected variety¡±) is subject to review and approval under the provisions of relevant national laws and regulations on seeds.