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Application for Registration of Agricultural Plant Variety Right in Foreign Countries

DATE:2013-04-27       SOURCE:MOA
 

Subject:

 

Application for Registration of Agricultural Plant Variety Right in Foreign Countries


 

Handling approach:

 

Examination and approval

Contents to be examined:

 

Whether related breeding and cultivation techniques are state scientific and technological secrets or their export is prohibited or restricted in China and whether the new agricultural plant variety intended for plant variety right application in a foreign country is allowed to be provided to foreign countries by the state

 

Legal basis:

 

1. Regulations of the People’s Republic of China on Protection of New Varieties of Plants

2. Implementation Rules for Regulations of the People’s Republic of China on Protection of New Varieties of Plants (Agricultural Part)

3. Seed Law of the People’s Republic of China
4. Administrative Measures for Crop Germplasm Resources (promulgated by Decree No. 30 of the Ministry of Agriculture (MOA) in 2003 and revised by Decree No. 38 of MOA in 2004)

5. Rules for Examination of Export of St
ate Confidential Technologies
6. Catalogue of Technologies Prohibited or Restricted from Export in China

Requirements:

 

1. Application Form for Application for Agricultural Plant Variety Right in Foreign Country
2. Description on the application for agricultural plant variety right in a foreign country (covering breeding process and methodology, source of parent, agronomic traits of variety and key cultivation techniques. Agronomic traits of the parent is required to be described when parent materials are also to be provided)

Procedures:

 

1. Acceptance of application documents. The General Office for Administrative Examination and Approval of MOA accepts the Application Form for Application for Agricultural Plant Variety Right in Foreign Country and the descriptive document on the overseas application submitted by the applicant.
2. Examination. The Department of Science, Technology & Education of MOA examines the application documents together with the Department of Crop Production.
3. Reply. The Department of Science, Technology & Education makes a proposal according to the
examination findings, submits it to the minister for final examination and then gives a written reply to the applicant.

Promised time limit: 20 workdays, including 8 workdays for examination of the Department of Crop Production (plus no more than 3 months when expert examination is required)

Charge: Free of charge

 

Contact Information

Mail:  To: Agricultural Science & Technology Desk

Address: Administrative Examination and Approval Office

Ministry of Agriculture

No.11 Nongzhanguan Nanli, Chaoyang District, Beijing, China

Postcode: 100125  

 

(All information posted in this website is authentic in Chinese. English version is provided for reference only.)

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