COUNTRY : PEOPLES REPUBLIC OF CHINA
CAPITAL : BEIJING
LANGUAGES : MANDRIN & ENGLISH
INTERNATIONAL TREATIES TO WHICH CHINA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
PLANT BREEDERS RIGHTS LEGISLATION:
- Regulations of the People’s Republic of China on protection of New Varieties of Plants -1997
- Implementing Rules for the Regulations of the Peoples Republic of China on the Protection of New Varieties of Plants -1999 (Forestry Part, Agriculture Part)
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects new varieties that are:
- Cultivated Plant Variety
- Developed based on a discovered wild plant which are:
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect new varieties if the denomination given to such variety:
- Consists only of numbers
- Violates social norms
- Misleads regarding the features or characteristics of the new plant variety
- Misleads the identity of the breederParityPatents Law Firms through its Attorney and Law Firms in China is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Following persons may individually or jointly with other persons file applications seeking protection under the Act:
- Persons claiming to be the breeder of the variety;
- Successors of the breeder of the variety;
- Assignees of the breeders of the variety ;
- Farmers, Groups of Farmers, Communities of Farmers claiming to be the breeders of the variety;
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- 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:
– 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.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
- Vines, Forest trees, Fruit trees, Ornamental plants – 20 yrs.
- Other Plants – 15 yrs.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in China, can assist you comprehensively with PBR Compulsory Licence matters.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
The authority may in the national and Pubic interest grant compulsory license for proper exploitation of new plant variety.
After expiry of 3 yrs. from the date of issue of certificate of registration, any interested 3rd party may make an application to the authorities seeking compulsory license stating that :