¡¡¡¡VI. Protection of New Varieties of Agricultural and Forestry Plants

    Proceeding from the actual conditions of China and on the basis of earnestly summing up and borrowing from international experience, the Chinese government has set up and carried out a series of systems and measures for the protection of new varieties of plants, thus fully guaranteeing the legitimate rights and interests of the investment bodies involved. On October 1, 1997, the government began implementing the "Regulations on the Protection of New Varieties of Plants," greatly expanding the scope of IPR protection in China.

    To supplement the implementation of the "Regulations on the Protection of New Varieties of Plants," the Chinese government hasin succession promulgated and implemented such regulations as the "Rules for the Implementation of the Regulations on the Protection of New Varieties of Plants (Agriculture)," "Rules for the Implementation of the Regulations on the Protection of New Varieties of Plants (Forestry)," "Regulations on Agency of New Agricultural Plant Variety Rights," "Regulations on Handling Casesof Infringement of New Agricultural Plant Variety Rights," and "Regulations of the Ministry of Agriculture on the Work of the Reexamination Board for New Varieties of Plants," providing legal guarantees for the rapid development of new varieties of plants.

    In recent years, the government has set up the Office of Protection of New Varieties of Plants and the Reexamination Board for New Varieties of Plants at the Ministry of Agriculture and State Forestry Administration, respectively, forming an institutional protection system combining examination and approval agencies, law-enforcement organizations, intermediary service organizations and other rights protection organizations. Meanwhile,a technological support system has been established, which includes the Center for the Preservation of Breeding Materials of New Varieties of Agricultural Plants, Center for Testing of New Varieties of Plants and its 14 sub-centers, and the Center for theTesting of New Varieties of Forest Plants and its five sub-centersand two molecule determination labs. To ensure scientific and authoritative examination of plant variety rights, and drawing on the international standards for testing new varieties of plants, the relevant authorities have, based on the actual conditions of China, formulated guides for testing 57 new varieties of plants, including corn, rice, poplar and peony, of which 18 have been promulgated and implemented as national or industrial standards.

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