Patents (China) [Q34]
E-mail:mail@cpahkltd.com
32. Q: Can new plant variety be protected?
  A:

Yes. China is a member state of International Convention for the Protection of New Varieties of Plants (effective since 23 April 1999) and a new plant variety may be protected under the Regulations on the Protection of New Varieties of Plants (effective since 1 October 1997) although it can not be patented under the current Chinese Patent Law. The plant varieties to be eligible for protection must satisfy the following criteria: 1) they shall be part of the botanical genera and species included in the national list of protected plant varieties. This list of protected plant varieties shall be determined and published by the official authorities; 2) they shall have the characteristic of novelty, which means that the propagating material of the new plant variety in respect of which variety rights are applied for has not been sold prior to the filing date of the application, or has not been for sale, with the consent of the breeder, for more than one year within the territory of China; the propagating material of vines, forest trees, fruit trees and ornamental plants must not have been for sale for more than six years, or the propagating material of other plant varieties for more than four years, in a foreign territory; 3) they shall have the characteristic of distinctness, which means that the plant variety in respect of which variety rights are applied for must noticeably distinguish it from any other plant variety known prior to the filing of the application; 4) they shall have the characteristic of uniformity which means that plant variety in respect of which variety rights are applied for is uniform, subject to the variation that may be expected, in its relevant features or characteristics after propagation; 5) they shall have the characteristic of stability, which means that the plant variety in respect of which variety rights are applied for keeps its relevant features or characteristics unchanged after repeated propagation or at the end of a particular cycle of propagation; 6) they shall have an adequate denomination, which shall be distinguishable from that for any other known plant variety of the same or similar botanical genera or species. The term of protection of new varieties of plants counted from the date of grant thereof, shall be 20 years for vines, forest trees, fruit trees and ornamental plants and 15 years for other plants, subject to the payment of annual fees. The agents officially designated to act as agents for foreigners in these matters are: CN-Knowhow Intellectual Property Agent Ltd., Address: Suite 707, Fortune International Center, No.17 Daliushu Rd., Beijing, 100081 China, E-mail: int@cnkip.com, Fax: 86-10-62198011, and Beijing ZHCC Intellectual Property Co., ltd., Address: A1707, Wuhua Mansion, A4 Che Gong Zhuang Street, Xicheng District, Beijing , 100044, P.R. China., E-mail: zhccbj@126.com, Fax: (8610)68008718.

 

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