•    Paris Convention for the protection of industrial property
•    Patent Co-operation Treaty – PCT.
•    Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.

i.  Regulations of the People’s Republic of China on protectionof New Varieties of Plants -1997

ii. Implementing Rules for the Regulations of the Peoples Republic of China on the Protection of New Varieties of Plants -1999 (Forestry Part, Agriculture Part)

The Act protects new varieties that are:

i. Cultivated Plant Variety

ii. Developed based on a discovered wild plant which are:

-  Novel

- Distinct

- Uniform

- Stable

The Act does not protect new varieties if the denomination given to such variety:

Consists only of numbers.

Violates social norms.

Misleading regarding the features or characteristics of the new plant variety.  

Misleading the identity of the breeder.

PartityPatents through it's associate Law Firms in China, is at hand to help you with Plant Varieties protection and registration. 

Following persons may individually or jointly with other persons file applications seeking protection under the Act:

i.  Persons claiming to be the breeder of the variety;

ii. Successors of the breeder of the variety;

iii. Assignees of the breeders of the variety ;

iv.  Farmers, Groups of Farmers, Communities of Farmers claiming to be the breeders of the variety;

Application made for protection under the Act to conform to  the following requisites:

·       Application to state the denomination assigned to such variety by the applicant;

·       Application to be accompanied by a statement briefly describing  the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration;

·       The Application to be accompanied by such other particulars and fees as prescribed.

-  Upon receipt of the application and the application fee, the authorities carry out a preliminary examination to determine whether:

·       The denomination is part of the botanical genera or species as per the list of protected plant varieties

·     The denomination is in conformity with regilations, conventions and agreements along with reciprocity.

·         The denomination is in conformity with novelty

·         The denomination of the new plant variety is adequate. 

-  Post preliminary examination, the authorities carry out substantive examination once the applicant pays examination fees to determine:

·       Distinctiveness

·       Uniformity

·       Stability of the variety 

-   Once the authorities determine that the application for the denomination is is conformity with all of the above requisites, the application is accepted and rights granted.

·       Vines, Forest trees, Fruit trees, Ornamental plants – 20 yrs.

·       Other Plants – 15 yrs.