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Regulations of the People's Republic of China on the Protection of Plant Varieties
(Agriculture section)
Chapter 1 General Provisions
Article 1 These Rules are formulated in accordance with the Regulations of the People's Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the "Regulations").
Article 2 New varieties of agricultural plants include grain, cotton, oil, hemp, sugar, vegetables (including melons), tobacco, mulberry, tea, fruit trees (except dried fruits), ornamental plants (except woody), grass, New varieties of plants such as green manures, herbal medicines, edible fungi, algae and rubber trees.
Article 3 In accordance with the provisions of Article 3 of the Regulations, the Ministry of Agriculture is the authority for the approval of new varieties of agricultural plants, and the new varieties of agricultural plants (hereinafter referred to as variety rights) shall be granted in accordance with the Regulations.
The Office for the Protection of Plant Varieties of the Ministry of Agriculture (hereinafter referred to as the Variety Protection Office) undertakes matters concerning the acceptance and examination of applications for variety rights, and is responsible for the testing of new plant varieties and the organization of propagation materials.
Article 4 No variety rights shall be granted to new plant varieties that endanger the public interest and the ecological environment.
Chapter 2 Contents and Ownership of Variety Rights
Article 5 "Propagation materials" as used in the "Regulations" refers to the planting materials of reproducible plants or other parts of the plant body, including grains, fruits and roots, stems, seedlings, buds, leaves, etc.
Article 6 Units or individuals applying for variety rights are collectively referred to as applicants for variety rights; units or individuals who have obtained variety rights are collectively referred to as breeder rights holders.
Article 7 The job breeding accomplished by the implementation of the tasks of the unit referred to in Article 7 of the Regulations refers to one of the following situations:
(i) Breeding completed in their own work;
(2) performing the breeding completed by tasks other than their own work delivered by the unit;
(3) Breeding related to the tasks undertaken by the original unit or the task assigned by the original unit completed within three years after retiring, retiring, or mobilizing the work.
The material conditions of the unit referred to in Article 7 of the Regulations refer to the funds, equipment, test sites, and breeding materials and technical materials owned by the unit that have not yet been allowed to be disclosed.
Article 8 The persons who have completed the breeding of new varieties as mentioned in Article 8 of the Regulations refer to the units or individuals who have completed the breeding of new varieties (hereinafter referred to as breeders).
Article 9 Persons who have completed the cultivation of new varieties (hereinafter referred to as "cultivators") refer to those who have made creative contributions to the cultivation of new varieties. A person who is only responsible for organizing management work, facilitating the use of material conditions, or engaging in other ancillary work cannot be considered a nurturer.
Article 10 A new plant variety can only be granted one breeder's right.
Where a new plant variety is submitted by two or more applicants for variety rights within the same day, the applicant shall negotiate and determine the ownership of the application right; if no agreement can be reached through consultation, the breed protection office can request the applicant to provide the designated rights within a specified period. Evidence proves that he is the first to complete the breeding of this new breed. If the evidence is not provided within the time limit, the application shall be deemed as withdrawn; the evidence provided is not sufficient as a basis for the determination, and the Variety Protection Office rejects the application.
Article 11 Chinese entities or individuals that transfer their application rights or variety rights to foreigners for new varieties cultivated in China shall apply to the Ministry of Agriculture for examination and approval.
In the case of transfer of the right to apply or variety, the parties shall conclude a written contract and register with the Ministry of Agriculture. The Ministry of Agriculture shall make an announcement and take effect from the date of the announcement.
Article 12 In any of the following circumstances, the Ministry of Agriculture may make a compulsory license decision to implement the variety rights:
(1) The need for national interest or public interest;
(2) The breeder's right person does not implement it without proper reasons and does not permit others to implement it on reasonable conditions;
(3) Although the variety right holders of important crop varieties have been implemented, they obviously cannot meet the needs of the domestic market and do not permit others to implement them on reasonable terms.
To apply for a compulsory license, a request for compulsory license shall be submitted to the Ministry of Agriculture stating the reasons and attaching the relevant supporting documents in duplicate.
The Ministry of Agriculture shall make a decision within 20 working days from the date of receipt of the request. If it is necessary to organize an expert to investigate and demonstrate, the time for investigation and verification must not exceed 3 months. In case of consent to a compulsory license request, the Ministry of Agriculture shall notify the breeder right holder and the requester for compulsory license and make an announcement; if he does not agree with the compulsory license request, the requester shall be notified and the reason shall be explained.
Article 13 In accordance with the provisions of the second paragraph of Article 11 of the "Regulations", if the Ministry of Agriculture applies for the amount of the fee for use, the parties shall submit an application for the award and attach a certification document that fails to reach an agreement. The Ministry of Agriculture shall make a ruling and notify the parties within 3 months from the date of receipt of the application.
Chapter III Conditions for Granting Variety Rights
Article 14 In accordance with the provisions of Article 45 of the Regulations, the plant genus or species listed in the New Plant Variety Protection List shall apply for the variety rights submitted within 1 year from the date of publication of the list, and shall apply for permission from the breeder to apply for In the recent days, when the breeding materials of this species were sold in China for no more than 4 years, which meets the specificity, consistency, stability and naming requirements stipulated in the Regulations, the Ministry of Agriculture may grant variety rights.
Article 15 Sales that fall under Article 14 of the Regulations in any of the following circumstances:
(1) transferring the reproductive materials of the application variety to others by way of sale and purchase;
(2) transferring the reproductive material of the application variety to another person by way of barter;
(3) transferring the reproductive materials of the application variety to others by means of shares;
(4) Signing the production agreement with the breeding materials of the application variety;
(5) Sales by other means.
In any of the following circumstances, it is considered that the breeders authorized by Article 14 of the Regulations are allowed to sell:
(i) Breeders sell themselves;
(B) Internal sales of breeders;
(3) the sale of the breeder's wholly-owned or equity-listed company;
(4) Other circumstances stipulated by the Ministry of Agriculture.
Article 16 The "known plant varieties" mentioned in Article 15 of the "Regulations" include varieties of applications for approval of the right to application for the approval of variety rights, approval of varieties, or promotion.
Article 17 "Related characteristics or characteristics" as referred to in Articles 16 and 17 of the Regulations refer to at least the traits used for specificity, consistency and stability tests, or the traits to be described when authorized. .
Article 18 No one of the following circumstances shall be used for the naming of new varieties:
(a) only composed of numbers;
(2) Violating national laws or social morality or being ethnically discriminatory;
(c) named after the country's name;
(4) Named after a geographical name of an administrative division above the county level or a foreign geographical name known to the public;
(5) The same or similar name as an inter-governmental international organization or other well-known international and domestic organization and logo;
(6) It is easily misunderstood that the characteristics, characteristics of the new plant variety, or the identity of the breeder;
(7) Known names belonging to the same or similar plant genera or species;
(8) Exaggerating publicity.
For varieties that have passed the certification of varieties, or varieties of genetically modified plants that have obtained the “Agricultural Genetically Modified Organism Safety Certificate (Production and Application)â€, if the species name meets the nomenclature for new plant varieties, the name of the variety for which the variety rights are applied shall be verified with the variety or the safety of agricultural genetically modified organisms. Approved species names are the same.
Chapter IV Application and Acceptance of Variety Rights
Article 19 Where a Chinese entity or individual applies for a variety right, it may directly or entrust the agency to apply to the Variety Protection Office.
Where foreigners, foreign enterprises or other foreign organizations that do not have regular residence in China submit applications for variety rights to the Variety Protection Office, they should entrust the agency to handle them.
When the applicant entrusts an agency to handle the relevant matters such as the application for variety rights, it shall sign a power of attorney with the agency to clarify the entrusted matters and the powers and responsibilities. When an agency submits an application to the Variety Protection Office, it shall submit the applicant's power of attorney at the same time. The Variety Protection Office directly contacts the agency during the acceptance and review process of the above application.
Article 20 In applying for a variety right, the applicant shall submit the request form, the specification and the photo of the variety to the Variety Protection Office in duplicate, and submit the electronic documents corresponding to the request and the specification.
The request form and the specification shall be completed in accordance with the uniform format stipulated by the Variety Protection Office.
Article 21 The specification submitted by the applicant shall include the following contents:
(1) the provisional name of the application type, which should be the same as the name of the request;
(B) the Chinese name and Latin name of the genus or species to which the application belongs;
(3) Breeding process and breeding methods, including pedigrees, breeding processes and details of the origins and names of the parents or other propagating materials used;
(d) Description of the sales situation;
(5) The approximate species and reasons selected;
(6) A detailed description of the application for variety specificity, consistency and stability;
(7) Description of areas or environments suitable for growth and cultivation techniques;
(8) Comparison table of traits applied for varieties and similar varieties.
The approximate varieties referred to in items (5) and (8) of the preceding paragraph refer to the varieties with the most similar characteristics or characteristics in all known plant varieties.
Article 22 The photos submitted by the applicant shall meet the following requirements:
(a) Photos help explain the specificity of the requested variety;
(b) The comparison of the same trait in the applied variety and the approximate variety should be in the same photograph;
(3) The photographs shall be colored, and if necessary, the Variety Protection Office may request the applicant to provide black and white photographs;
(4) The photo size is 8.5 cm x 12.5 cm or 10 cm x 15 cm;
(e) Brief textual description of the photograph.
Article 23 If a variety right application document falls under one of the following circumstances, the Variety Protection Office will not accept:
(1) Not using Chinese;
(b) the lack of one of the request, instructions or photographs;
(3) The request, instructions and photos do not conform to the format prescribed in these Rules;
(d) Documents not printed;
(5) illegible or altered;
(6) Lack of applicant's and contact person's name (name), address, zip code, or unknown;
(7) The commissioned agent but lacks the power of attorney.
Article 24 Where a unit or individual in China applies a new plant variety cultivated in China to apply for variety rights abroad, it shall apply to the Ministry of Agriculture for registration.
Article 25 Where an applicant claims priority in accordance with the provisions of Article 23 of the Regulations, it shall state in the application the date of filing the application for the application for a variety right for the first time, the application number, and the country or organization that accepted the application. If not stated, it is regarded as not claiming priority. The copy of the first application for variety rights submitted by the applicant shall be confirmed by the original receiving agency.
Article 26 If foreigners, foreign enterprises and other foreign organizations that do not have regular residences or establishments in China apply for variety rights or claim priority, the Varietal Protection Office may request the following documents when they consider it necessary:
(1) The applicant is personal and his nationality certificate;
(2) Where the applicant is a company or other organization, the certificate of the place of business or its headquarters;
(3) A foreigner, foreign enterprise, foreign country or other country where the organization belongs, recognizes that Chinese entities and individuals may, in accordance with the same conditions of the country’s nationals, prove that they have the right to apply for a variety, priority, and other rights related to the variety rights in the country. file.
Article 27 Where an applicant applies for a variety right to a foreign country within 12 months of applying for a variety right to the Varietal Protection Office, it shall be in accordance with an agreement signed by the country or organization with the People's Republic of China or an international treaty to which it participates, or The principle of mutual recognition of priority may require the Variety Protection Office to issue a priority document.
Article 28 In accordance with the second paragraph of Article 19 of the "Regulations", if a new plant variety in which a Chinese unit or individual applies for a variety right involves national security or a major interest needs to be kept confidential, the applicant shall state in the application documents that the new variety is. After review, the protection office makes a decision on whether to handle confidential applications or not, and informs the applicants. If the breed protection office considers it necessary to keep confidential and the applicant has not indicated it, it still handles the applications according to confidentiality and informs the applicant.
Article 29 The application variety breeder materials sent by the applicant shall be consistent with the reproduction materials described in the application documents for variety rights and meet the following requirements:
(a) has not suffered accidental damage;
(B) has not been treated with drugs;
(3) No quarantine pests;
(4) The propagation material sent is grain or fruit, and the grain or fruit should be recently harvested.
Article 30 If the Variety Protection Office deems it necessary, the applicant shall send the application materials and reproduction materials of the approximate species for the examination and testing of the applied varieties. Any application for a variety belonging to a genetically modified variety shall be accompanied by a copy of the "Agricultural Genetically Modified Organism Safety Approval Document" or "Agricultural Genetically Modified Organism Safety Certificate (Production Application)" at the stage of production testing.
The applicant shall send the reproductive materials within 3 months from the date of receipt of the notification from the Variety Protection Office. If the materials for propagation are seeds or fruits, they shall be sent to the Plant Variety Protection Center of the Variety Protection Office (hereinafter referred to as the Preservation Center); the vegetative propagation materials such as seedlings, bulbs, tubers, and tubers shall be sent to the breed protection. Office designated testing agency.
Where the number of propagation materials submitted by the applicant is less than that prescribed by the Variety Protection Office, the depository center or the testing agency shall notify the applicant, and the applicant shall make up the balance within one month from the date of receipt of the notification. Under special circumstances, the Variety Protection Office has the right to require the applicant to make additional payments when the applicant fails to meet the test or testing requirements after sending the required number of propagation materials.
Article 31: Propagation materials shall be subject to plant quarantine in accordance with relevant regulations. If the quarantine is unqualified or has not been quarantined, the depository center or testing organization will not accept it.
The collection center or testing organization shall issue a written certificate after receiving the reproductive materials sent by the applicant, and complete the testing of the viability etc. within 20 working days from the date of receipt of the reproductive materials (except for plants having a dormant period). If the test is qualified, the applicant shall be issued a written test certificate; if the test fails, the applicant shall be notified within 1 month from the date of receipt of the notification to resend the propagation material and retrieve the unqualified reproductive material. If the person does not get back at the time of expiry, the depository center or the testing agency shall destroy it.
If the applicant fails to send the reproduction materials as required, it shall be deemed as having withdrawn the application.
Article 32. The depositary center and the testing organization shall be responsible for the confidentiality of the reproduction materials of the application variety, and shall prevent the occurrence of accidents such as the loss or theft of breeding materials, and no one may replace the inspection and reproduction materials. In the event of the loss, theft, or replacement of reproductive materials, the responsibility of the relevant personnel shall be investigated according to law.
(Agriculture section)
Chapter 1 General Provisions
Article 1 These Rules are formulated in accordance with the Regulations of the People's Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the "Regulations").
Article 2 New varieties of agricultural plants include grain, cotton, oil, hemp, sugar, vegetables (including melons), tobacco, mulberry, tea, fruit trees (except dried fruits), ornamental plants (except woody), grass, New varieties of plants such as green manures, herbal medicines, edible fungi, algae and rubber trees.
Article 3 In accordance with the provisions of Article 3 of the Regulations, the Ministry of Agriculture is the authority for the approval of new varieties of agricultural plants, and the new varieties of agricultural plants (hereinafter referred to as variety rights) shall be granted in accordance with the Regulations.
The Office for the Protection of Plant Varieties of the Ministry of Agriculture (hereinafter referred to as the Variety Protection Office) undertakes matters concerning the acceptance and examination of applications for variety rights, and is responsible for the testing of new plant varieties and the organization of propagation materials.
Article 4 No variety rights shall be granted to new plant varieties that endanger the public interest and the ecological environment.
Chapter 2 Contents and Ownership of Variety Rights
Article 5 "Propagation materials" as used in the "Regulations" refers to the planting materials of reproducible plants or other parts of the plant body, including grains, fruits and roots, stems, seedlings, buds, leaves, etc.
Article 6 Units or individuals applying for variety rights are collectively referred to as applicants for variety rights; units or individuals who have obtained variety rights are collectively referred to as breeder rights holders.
Article 7 The job breeding accomplished by the implementation of the tasks of the unit referred to in Article 7 of the Regulations refers to one of the following situations:
(i) Breeding completed in their own work;
(2) performing the breeding completed by tasks other than their own work delivered by the unit;
(3) Breeding related to the tasks undertaken by the original unit or the task assigned by the original unit completed within three years after retiring, retiring, or mobilizing the work.
The material conditions of the unit referred to in Article 7 of the Regulations refer to the funds, equipment, test sites, and breeding materials and technical materials owned by the unit that have not yet been allowed to be disclosed.
Article 8 The persons who have completed the breeding of new varieties as mentioned in Article 8 of the Regulations refer to the units or individuals who have completed the breeding of new varieties (hereinafter referred to as breeders).
Article 9 Persons who have completed the cultivation of new varieties (hereinafter referred to as "cultivators") refer to those who have made creative contributions to the cultivation of new varieties. A person who is only responsible for organizing management work, facilitating the use of material conditions, or engaging in other ancillary work cannot be considered a nurturer.
Article 10 A new plant variety can only be granted one breeder's right.
Where a new plant variety is submitted by two or more applicants for variety rights within the same day, the applicant shall negotiate and determine the ownership of the application right; if no agreement can be reached through consultation, the breed protection office can request the applicant to provide the designated rights within a specified period. Evidence proves that he is the first to complete the breeding of this new breed. If the evidence is not provided within the time limit, the application shall be deemed as withdrawn; the evidence provided is not sufficient as a basis for the determination, and the Variety Protection Office rejects the application.
Article 11 Chinese entities or individuals that transfer their application rights or variety rights to foreigners for new varieties cultivated in China shall apply to the Ministry of Agriculture for examination and approval.
In the case of transfer of the right to apply or variety, the parties shall conclude a written contract and register with the Ministry of Agriculture. The Ministry of Agriculture shall make an announcement and take effect from the date of the announcement.
Article 12 In any of the following circumstances, the Ministry of Agriculture may make a compulsory license decision to implement the variety rights:
(1) The need for national interest or public interest;
(2) The breeder's right person does not implement it without proper reasons and does not permit others to implement it on reasonable conditions;
(3) Although the variety right holders of important crop varieties have been implemented, they obviously cannot meet the needs of the domestic market and do not permit others to implement them on reasonable terms.
To apply for a compulsory license, a request for compulsory license shall be submitted to the Ministry of Agriculture stating the reasons and attaching the relevant supporting documents in duplicate.
The Ministry of Agriculture shall make a decision within 20 working days from the date of receipt of the request. If it is necessary to organize an expert to investigate and demonstrate, the time for investigation and verification must not exceed 3 months. In case of consent to a compulsory license request, the Ministry of Agriculture shall notify the breeder right holder and the requester for compulsory license and make an announcement; if he does not agree with the compulsory license request, the requester shall be notified and the reason shall be explained.
Article 13 In accordance with the provisions of the second paragraph of Article 11 of the "Regulations", if the Ministry of Agriculture applies for the amount of the fee for use, the parties shall submit an application for the award and attach a certification document that fails to reach an agreement. The Ministry of Agriculture shall make a ruling and notify the parties within 3 months from the date of receipt of the application.
Chapter III Conditions for Granting Variety Rights
Article 14 In accordance with the provisions of Article 45 of the Regulations, the plant genus or species listed in the New Plant Variety Protection List shall apply for the variety rights submitted within 1 year from the date of publication of the list, and shall apply for permission from the breeder to apply for In the recent days, when the breeding materials of this species were sold in China for no more than 4 years, which meets the specificity, consistency, stability and naming requirements stipulated in the Regulations, the Ministry of Agriculture may grant variety rights.
Article 15 Sales that fall under Article 14 of the Regulations in any of the following circumstances:
(1) transferring the reproductive materials of the application variety to others by way of sale and purchase;
(2) transferring the reproductive material of the application variety to another person by way of barter;
(3) transferring the reproductive materials of the application variety to others by means of shares;
(4) Signing the production agreement with the breeding materials of the application variety;
(5) Sales by other means.
In any of the following circumstances, it is considered that the breeders authorized by Article 14 of the Regulations are allowed to sell:
(i) Breeders sell themselves;
(B) Internal sales of breeders;
(3) the sale of the breeder's wholly-owned or equity-listed company;
(4) Other circumstances stipulated by the Ministry of Agriculture.
Article 16 The "known plant varieties" mentioned in Article 15 of the "Regulations" include varieties of applications for approval of the right to application for the approval of variety rights, approval of varieties, or promotion.
Article 17 "Related characteristics or characteristics" as referred to in Articles 16 and 17 of the Regulations refer to at least the traits used for specificity, consistency and stability tests, or the traits to be described when authorized. .
Article 18 No one of the following circumstances shall be used for the naming of new varieties:
(a) only composed of numbers;
(2) Violating national laws or social morality or being ethnically discriminatory;
(c) named after the country's name;
(4) Named after a geographical name of an administrative division above the county level or a foreign geographical name known to the public;
(5) The same or similar name as an inter-governmental international organization or other well-known international and domestic organization and logo;
(6) It is easily misunderstood that the characteristics, characteristics of the new plant variety, or the identity of the breeder;
(7) Known names belonging to the same or similar plant genera or species;
(8) Exaggerating publicity.
For varieties that have passed the certification of varieties, or varieties of genetically modified plants that have obtained the “Agricultural Genetically Modified Organism Safety Certificate (Production and Application)â€, if the species name meets the nomenclature for new plant varieties, the name of the variety for which the variety rights are applied shall be verified with the variety or the safety of agricultural genetically modified organisms. Approved species names are the same.
Chapter IV Application and Acceptance of Variety Rights
Article 19 Where a Chinese entity or individual applies for a variety right, it may directly or entrust the agency to apply to the Variety Protection Office.
Where foreigners, foreign enterprises or other foreign organizations that do not have regular residence in China submit applications for variety rights to the Variety Protection Office, they should entrust the agency to handle them.
When the applicant entrusts an agency to handle the relevant matters such as the application for variety rights, it shall sign a power of attorney with the agency to clarify the entrusted matters and the powers and responsibilities. When an agency submits an application to the Variety Protection Office, it shall submit the applicant's power of attorney at the same time. The Variety Protection Office directly contacts the agency during the acceptance and review process of the above application.
Article 20 In applying for a variety right, the applicant shall submit the request form, the specification and the photo of the variety to the Variety Protection Office in duplicate, and submit the electronic documents corresponding to the request and the specification.
The request form and the specification shall be completed in accordance with the uniform format stipulated by the Variety Protection Office.
Article 21 The specification submitted by the applicant shall include the following contents:
(1) the provisional name of the application type, which should be the same as the name of the request;
(B) the Chinese name and Latin name of the genus or species to which the application belongs;
(3) Breeding process and breeding methods, including pedigrees, breeding processes and details of the origins and names of the parents or other propagating materials used;
(d) Description of the sales situation;
(5) The approximate species and reasons selected;
(6) A detailed description of the application for variety specificity, consistency and stability;
(7) Description of areas or environments suitable for growth and cultivation techniques;
(8) Comparison table of traits applied for varieties and similar varieties.
The approximate varieties referred to in items (5) and (8) of the preceding paragraph refer to the varieties with the most similar characteristics or characteristics in all known plant varieties.
Article 22 The photos submitted by the applicant shall meet the following requirements:
(a) Photos help explain the specificity of the requested variety;
(b) The comparison of the same trait in the applied variety and the approximate variety should be in the same photograph;
(3) The photographs shall be colored, and if necessary, the Variety Protection Office may request the applicant to provide black and white photographs;
(4) The photo size is 8.5 cm x 12.5 cm or 10 cm x 15 cm;
(e) Brief textual description of the photograph.
Article 23 If a variety right application document falls under one of the following circumstances, the Variety Protection Office will not accept:
(1) Not using Chinese;
(b) the lack of one of the request, instructions or photographs;
(3) The request, instructions and photos do not conform to the format prescribed in these Rules;
(d) Documents not printed;
(5) illegible or altered;
(6) Lack of applicant's and contact person's name (name), address, zip code, or unknown;
(7) The commissioned agent but lacks the power of attorney.
Article 24 Where a unit or individual in China applies a new plant variety cultivated in China to apply for variety rights abroad, it shall apply to the Ministry of Agriculture for registration.
Article 25 Where an applicant claims priority in accordance with the provisions of Article 23 of the Regulations, it shall state in the application the date of filing the application for the application for a variety right for the first time, the application number, and the country or organization that accepted the application. If not stated, it is regarded as not claiming priority. The copy of the first application for variety rights submitted by the applicant shall be confirmed by the original receiving agency.
Article 26 If foreigners, foreign enterprises and other foreign organizations that do not have regular residences or establishments in China apply for variety rights or claim priority, the Varietal Protection Office may request the following documents when they consider it necessary:
(1) The applicant is personal and his nationality certificate;
(2) Where the applicant is a company or other organization, the certificate of the place of business or its headquarters;
(3) A foreigner, foreign enterprise, foreign country or other country where the organization belongs, recognizes that Chinese entities and individuals may, in accordance with the same conditions of the country’s nationals, prove that they have the right to apply for a variety, priority, and other rights related to the variety rights in the country. file.
Article 27 Where an applicant applies for a variety right to a foreign country within 12 months of applying for a variety right to the Varietal Protection Office, it shall be in accordance with an agreement signed by the country or organization with the People's Republic of China or an international treaty to which it participates, or The principle of mutual recognition of priority may require the Variety Protection Office to issue a priority document.
Article 28 In accordance with the second paragraph of Article 19 of the "Regulations", if a new plant variety in which a Chinese unit or individual applies for a variety right involves national security or a major interest needs to be kept confidential, the applicant shall state in the application documents that the new variety is. After review, the protection office makes a decision on whether to handle confidential applications or not, and informs the applicants. If the breed protection office considers it necessary to keep confidential and the applicant has not indicated it, it still handles the applications according to confidentiality and informs the applicant.
Article 29 The application variety breeder materials sent by the applicant shall be consistent with the reproduction materials described in the application documents for variety rights and meet the following requirements:
(a) has not suffered accidental damage;
(B) has not been treated with drugs;
(3) No quarantine pests;
(4) The propagation material sent is grain or fruit, and the grain or fruit should be recently harvested.
Article 30 If the Variety Protection Office deems it necessary, the applicant shall send the application materials and reproduction materials of the approximate species for the examination and testing of the applied varieties. Any application for a variety belonging to a genetically modified variety shall be accompanied by a copy of the "Agricultural Genetically Modified Organism Safety Approval Document" or "Agricultural Genetically Modified Organism Safety Certificate (Production Application)" at the stage of production testing.
The applicant shall send the reproductive materials within 3 months from the date of receipt of the notification from the Variety Protection Office. If the materials for propagation are seeds or fruits, they shall be sent to the Plant Variety Protection Center of the Variety Protection Office (hereinafter referred to as the Preservation Center); the vegetative propagation materials such as seedlings, bulbs, tubers, and tubers shall be sent to the breed protection. Office designated testing agency.
Where the number of propagation materials submitted by the applicant is less than that prescribed by the Variety Protection Office, the depository center or the testing agency shall notify the applicant, and the applicant shall make up the balance within one month from the date of receipt of the notification. Under special circumstances, the Variety Protection Office has the right to require the applicant to make additional payments when the applicant fails to meet the test or testing requirements after sending the required number of propagation materials.
Article 31: Propagation materials shall be subject to plant quarantine in accordance with relevant regulations. If the quarantine is unqualified or has not been quarantined, the depository center or testing organization will not accept it.
The collection center or testing organization shall issue a written certificate after receiving the reproductive materials sent by the applicant, and complete the testing of the viability etc. within 20 working days from the date of receipt of the reproductive materials (except for plants having a dormant period). If the test is qualified, the applicant shall be issued a written test certificate; if the test fails, the applicant shall be notified within 1 month from the date of receipt of the notification to resend the propagation material and retrieve the unqualified reproductive material. If the person does not get back at the time of expiry, the depository center or the testing agency shall destroy it.
If the applicant fails to send the reproduction materials as required, it shall be deemed as having withdrawn the application.
Article 32. The depositary center and the testing organization shall be responsible for the confidentiality of the reproduction materials of the application variety, and shall prevent the occurrence of accidents such as the loss or theft of breeding materials, and no one may replace the inspection and reproduction materials. In the event of the loss, theft, or replacement of reproductive materials, the responsibility of the relevant personnel shall be investigated according to law.
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