The Regulations of the People’s Republic of China on the Protection of New Plant Varieties (Draft Amendment) was released
The Regulations of the People's Republic of China on the Protection of New Plant Varieties (Draft Amendment) was released
The Ministry of Agriculture and Rural Affairs recently issued a notice to solicit opinions on the draft revision of the Regulations on the Protection of New Plant Varieties, the first comprehensive revision of the regulations since its implementation 25 years ago. To implement the relevant requirements of the newly revised Seed Law, this revision will help further strengthen the protection of intellectual property rights of the seed industry and encourage innovation in the seed industry.
Since 1997, China has promulgated the Regulations on the Protection of New Varieties of Plants, establishing a protection system for new varieties of plants. In 1999, China joined the International Union for the Protection of New Plant Varieties (UPOV). In 2015, a special chapter on the protection of new plant varieties was added to the Seed Law. Up to now, 11 batches of protection lists for new varieties of agricultural plants have been issued, covering 191 plant species. A total of 58,000 applications for new variety rights have been filed and 22,000 granted, ranking first among members of the International Convention on the Protection of New Varieties of Plants for five consecutive years.
This revision mainly includes the following seven aspects:
I. stipulate the implementation steps and methods of the EDV system;
2. expand the scope and links of protection;
3. extension of the protection period;
4. improve the handling measures of infringement and counterfeiting cases;
5. specify the circumstances of the restoration of rights;
6. add provisions on punishment for dishonest acts; and
7. establish a professional team for the protection of new plant varieties.
As the most important intellectual property right in seed industry, new plant variety right is one of the important tasks in the construction of intellectual property power. The revision of the Regulations will open up the whole chain of creation, application, protection, management and service of the new plant variety right, strengthen the protection of the new plant variety right, improve the international exchange and cooperation level of the seed industry, and provide a strong institutional guarantee for accelerating the revitalization of the seed industry.
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