Beijing, China
December 3, 2010

Source: Nanfang Rural Areas

The Ministry of Agriculture and the State Forestry Administration have jointly formulated the Temporary Provisions on Applicants in Taiwan Region for Rights of New Plant Varieties in the Chinese Mainland (hereinafter referred to as the “Provisions”) for the purpose of protecting the legitimate rights and interests of breeders in the region, and encouraging the breeding and use of new plant varieties. The provisions came into force on November 22, 2010.

The provisions states that an applicant in the Taiwan Region for such rights and relevant issues with the examining and approving authorities shall do it by entrusting an agencyin the Chinese mainland that is commissioned for such purpose and established according to law. The application documents shall be written in the simplified Chinese and the date in Gregorian calendar, except for certificates and relevant papers. Where varieties to be applied for such rights, their propagating materials for sale, with the consent of the holders of the variety rights, in the Chinese mainland for less than one year; or for sale outside the Chinese mainland for less than six years of their propagating materials of liane, crop trees, fruit trees and ornamental plants, or less than four years of the propagating materials of other plant varieties, the said varieties shall be deemed no novelty lost.
 

Website: http://www.agri.gov.cn

Published: December 4, 2010