Rules for Handling Infringement on Plant Variety Right
Rules for Handling Infringement on Plant Variety Right
Rules for Handling Infringement on Plant Variety Right
Order of the Ministry of Agriculture No. 24
December 12, 2002
The Rules for Handling Infringement on Plant Variety Right passed at the 30th executive meeting of the Ministry of Agriculture held on December 12, 2002 is hereby promulgated and shall be implemented as of February 1, 2003.
Director
Attached: Rules for Handling Infringement on Plant Variety Right
Article 1 In order to effectively deal with infringements on Plant Variety Right related with new varieties of agricultural plants (hereinafter referred to as the Plant Variety Right), these Rules are prepared in accordance with the Regulations of the People's Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the Ordinance).
Article 2 Infringements on Plant Variety Right mentioned herein shall refer to production or sale of reproductive materials of licensed varieties as well as production of reproductive materials of other varieties by repeatedly using the reproductive materials of licensed varieties, provided that such actions are taken for commercial purposes without permission from owner of the Plant Variety Right.
Article 3 Agricultural administrative authorities under governments above provincial level shall be responsible for dealing with infringements on Plant Variety Right within their respective jurisdiction.
Article 4 Complainants who report infringements on Plant Variety Right to agricultural administrative authorities under governments above provincial level shall meet the following requirements:
1. The complainant shall be the owner of Plant Variety Right or relevant parties;
2. There is a complained party;
3. There are express complaints, facts and reasons;
4. The case is within the competence and jurisdiction of the agricultural administrative authorities;
5. The complaint is filed within the time limit of action; and
6. Parties involved in the infringement haven't brought the case to any court. "Relevant parties" mentioned in item 1. shall include the licensee under the Plant Variety Right Licensing Contract as well as the successor to the Plant Variety Right. Licensees under Exclusive Licensing Contract may file independent complaint. Those under Sole Licensing Contract may also file independent complaint, provided that owner of Plant Variety Right does file any complaint. Licensees under Common Licensing Contract shall not file independent complaint unless otherwise agreed by the parties.
Article 5 The time limit for reporting infringements on Plant Variety Right is 2 years, commencing from the day when the owner of Plant Variety Right or relevant parties know or shall know the infringement.
Article 6 Complainants reporting infringements on Plant Variety Right to the agricultural administrative authorities under governments above provincial level shall submit the complaint letter as well as the Plant Variety Right Certificate, and provide several copies of the complaint letter based on the number of the complained parties.
The complaint letter shall contain the following information:
1. name and address of the complainant as well as name and title of its legal representative. If there is an agent, his name as well as his institution's name and address shall be provided;
2. name and address of the complained party; and
3. the matters, facts and reasons of complaint. The complaint letter shall bear the signature or seal of the complainant.
Article 7 For complaints which meet all the requirements set forth in Article 6, the agricultural administrative authorities under governments above provincial level shall file the case within 7 days upon receipt of the complaint letter, and then appoint more than 3 (odd number) persons to handle the case. For complaints which fail to meet any of the requirements set forth in Article 6, the agricultural administrative authorities under governments above provincial level shall deny the case, inform the complainant within 7 days upon receipt of the complaint letter, and shall explain the reasons for denial as well.
Article 8 Within 7 days upon case filing, the agricultural administrative authorities under governments above provincial level shall submit a copy of the complaint letter and its attachments to complained party by mail, personal delivery or other means.
......
Order of the Ministry of Agriculture No. 24
December 12, 2002
The Rules for Handling Infringement on Plant Variety Right passed at the 30th executive meeting of the Ministry of Agriculture held on December 12, 2002 is hereby promulgated and shall be implemented as of February 1, 2003.
Director
Attached: Rules for Handling Infringement on Plant Variety Right
Article 1 In order to effectively deal with infringements on Plant Variety Right related with new varieties of agricultural plants (hereinafter referred to as the Plant Variety Right), these Rules are prepared in accordance with the Regulations of the People's Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the Ordinance).
Article 2 Infringements on Plant Variety Right mentioned herein shall refer to production or sale of reproductive materials of licensed varieties as well as production of reproductive materials of other varieties by repeatedly using the reproductive materials of licensed varieties, provided that such actions are taken for commercial purposes without permission from owner of the Plant Variety Right.
Article 3 Agricultural administrative authorities under governments above provincial level shall be responsible for dealing with infringements on Plant Variety Right within their respective jurisdiction.
Article 4 Complainants who report infringements on Plant Variety Right to agricultural administrative authorities under governments above provincial level shall meet the following requirements:
1. The complainant shall be the owner of Plant Variety Right or relevant parties;
2. There is a complained party;
3. There are express complaints, facts and reasons;
4. The case is within the competence and jurisdiction of the agricultural administrative authorities;
5. The complaint is filed within the time limit of action; and
6. Parties involved in the infringement haven't brought the case to any court. "Relevant parties" mentioned in item 1. shall include the licensee under the Plant Variety Right Licensing Contract as well as the successor to the Plant Variety Right. Licensees under Exclusive Licensing Contract may file independent complaint. Those under Sole Licensing Contract may also file independent complaint, provided that owner of Plant Variety Right does file any complaint. Licensees under Common Licensing Contract shall not file independent complaint unless otherwise agreed by the parties.
Article 5 The time limit for reporting infringements on Plant Variety Right is 2 years, commencing from the day when the owner of Plant Variety Right or relevant parties know or shall know the infringement.
Article 6 Complainants reporting infringements on Plant Variety Right to the agricultural administrative authorities under governments above provincial level shall submit the complaint letter as well as the Plant Variety Right Certificate, and provide several copies of the complaint letter based on the number of the complained parties.
The complaint letter shall contain the following information:
1. name and address of the complainant as well as name and title of its legal representative. If there is an agent, his name as well as his institution's name and address shall be provided;
2. name and address of the complained party; and
3. the matters, facts and reasons of complaint. The complaint letter shall bear the signature or seal of the complainant.
Article 7 For complaints which meet all the requirements set forth in Article 6, the agricultural administrative authorities under governments above provincial level shall file the case within 7 days upon receipt of the complaint letter, and then appoint more than 3 (odd number) persons to handle the case. For complaints which fail to meet any of the requirements set forth in Article 6, the agricultural administrative authorities under governments above provincial level shall deny the case, inform the complainant within 7 days upon receipt of the complaint letter, and shall explain the reasons for denial as well.
Article 8 Within 7 days upon case filing, the agricultural administrative authorities under governments above provincial level shall submit a copy of the complaint letter and its attachments to complained party by mail, personal delivery or other means.
......