You are here

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

Penalty Provisions

Article 39.   Where the propagating material of the protect-ed variety is produced or sold for commercial pur-poses without the consent of the variety rights holder, the variety rights holder or the party hav-ing an interest therein may request the administra-tive departments of agriculture and forestry of the People's Governments at provincial level or above to handle it in accordance with their respective competence, or directly file a suit with the People's Court.

The administrative departments of agriculture and forestry of the People's Governments at provincial level or above may , according to their re-spective competence and based on the principle of free will of the parties, mediate the compensation of damages caused by the infringement. Where ac-cord has been reached through mediation, it should be executed by the parties concerned; where no ac-cord has been reached through mediation, the vari-ety rights holder or the party having an interest therein may file a suit with the People's Court according to civil action procedures.

In handling cases of infringement of variety rights in accordance with their respective compe-tence, the administrative departments of agricul-ture and forestry of the People's Governments at provincial level or above may, for the purposes of safeguarding the public interest of the society, or-der the infringe to stop the infringing act, confis-cate the unlawful earnings and punish him with a fine five times more than the unlawful earnings.

Article 40.   Where any new plant variety is counterfeited, the administrative departments of agriculture and forestry of the People's Governments at county level or above shall order the party concerned to stop the counterfeiting act, confiscate the unlawful earnings and the propagating material of the plant variety, and punish him with a fine at least one but not exceeding five times more than the unlawful earnings; where the circumstances of the case are so serious as to constitute a crime, the party con-cerned shall be subjected to criminal liability inves-tigation in accordance with the law.

Article 41.   Both the administrative departments of agri-culture and forestry of the People's Governments at provincial level or above in handling cases con-cerning infringement of variety rights in accordance with their respective competence, and the adminis-trative departments of agriculture and forestry of the People's Governments at county level or above in handling cases concerning counterfeited variety rights in accordance with their respective compe-tence, may, as appropriate, seal up or detain the propagating material of the plant variety relevant to the cases, have access to , make copies of and seal up contracts, account books and other relevant documents related to the cases.

Article 42.   Where the protected variety is sold without using the denomination as used in its registration, the administrative departments of agriculture and forestry of the People's Governments at county level or above shall, in accordance with their re-spective competence, order a correction within a specified time limit, and may impose a fine not ex-ceeding 1000 Yuan.

Article 43.   Where disputes arise as to the right to apply for a new variety of plant and the ownership of the variety rights, the parties concerned may file a suit with the People's Court.

Article 44.   Where any staff member of the administrative departments of agriculture and forestry of the People¡¯s Governments at county level or above and of other departments abuses his power , neglects his duty, engages in any malpractice for private gain, or extorts or receives bribes, that staff member shall be subjected to criminal liability investigation in accordance with the law if the case constitutes a crime; or he shall be punished with administrative sanctions in accordance with the law if it does not constitute a crime.