CHINA

• INTERNATIONAL TREATIES TO WHICH CHINA IS SIGNATORY

  • International Treaties to which China is signatory for the protection of Plant Breeders Rights.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. CONVENTION ON BIOLOGICAL DIVERSITY.
    3. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    4. CARTAGENA PROTOCOL on Bio Safety
    5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. China is not a member for Liability and Redress.
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
• PLANT BREEDERS RIGHTS LEGISLATION
  • 1. Regulations of the People’s Republic of China on protection of New Varieties of Plants -1997
    2. Implementing Rules for the Regulations of the Peoples Republic of China on the Protection of New Varieties of Plants -1999 (Forestry Part, Agriculture Part)
• 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:

    1. Persons claiming to be the breeder of the variety;
    2. Successors of the breeder of the variety;
    3. Assignees of the breeders of the variety ;
    4.  Farmers, Groups of Farmers, Communities of Farmers claiming to be the breeders of the variety;
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT CHINA

  • 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:
      – 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.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects new varieties that are:

    1. Cultivated Plant Variety
    2. Developed based on a discovered wild plant which are:
       – Novel
       – Distinct
       – Uniform
       – Stable
• 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 :

     

     

• Cost of Registration in CHINA

  • Please write a mail for cost of registration of Plant Variety Protection in China to the mail address given below:

    contact@paritypatent.com