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

Conditions for the Grant of Variety Rights

Article 13.   The new plant variety in respect of which variety rights have been applied for shall be part of the botanical genera and species included in the national list of protected plant varieties. This list of protected plant varieties shall be determined and published by the examining and approving authorities.

Article 14.   Any plant variety in respect of which variety rights are granted shall have the characteristic of novelty. Novelty means that the propagating mate-rial of the new plant variety in respect of which va-riety rights are applied for has not been sold prior to the filing date of the application, or has not been for sale, with the consent of the breeder, for more than one year within the territory of China; the propagating material of vines, forest trees, fruit trees and ornamental plants must not have been for sale for more than six years, or the propagating material of other plant varieties for more than four years, in a foreign territory.

Article 15.   Any plant variety in. respect of which variety rights are granted shall have the characteristic of distinctness. Distinctness means that the plant va-riety in respect of which variety rights are applied for must noticeably distinguish it from any other plant variety known prior to the filing of the appli-cation.

Article 16.   Any plant variety in respect of which variety rights are granted shall have the characteristic of uniformity. Uniformity means that the plant vari-ety in respect of which variety rights are applied for is uniform, subject to the variation that may be expected, in its relevant features or characteristics after propagation.

Article 17.   Any plant variety in respect of which variety rights are granted shall have the characteristic of stability. Stability means that the 'plant variety in respect of which variety rights are applied for keeps its relevant features or characteristics unchanged after repeated propagation or at the end of a particular cycle of propagation.

Article 18.   Any plant variety in respect of which variety rights are granted shall have an adequate denomi-nation, which shall be distinguishable from that for any other known plant variety of the same or simi-lar botanical genera or species. The denomination, after its registration, shall be the generic designa-tion of the new plant variety in question.

The following shall be avoided in the selection of a denomination for a new variety:

(a) those consisting of only numbers;

(b) those violating social morals;

(c) those that are liable to mislead as to the features or characteristics of the new plant variety, or the identity of the breeder.