General information
Plant breeders' rights, also known as plant variety rights (PVR), are legal rights granted to the plant breeder of a new variety of plant. Plant variety rights laws typically grant the plant breeder control of the propagation material (including seed, cuttings, divisions, tissue cultures) and harvested material (cut flowers, fruit, foliage) of a new variety and the right to collect royalties for a number of years. In general, a plant variety right has to be obtained for each and every country/region in which protection is desired. Plant variety rights, like any other intellectual property rights, may also be assigned to others.
Plant Variety Rights in China
Plant variety rights have been available in China since 1997. China has since then joined the International Union for the Protection of New Varieties of Plants (UPOV) on 23 rd April 1999, recognizing priority claims of applicants from participated countries. For those who wish to obtain PVR in China , it should be noted that new plants are divided into two categories and administrated separately under the State Forestry Administration (SFA) and the Ministry of Agriculture (MA). These two government bodies are authorized under the PVR Law to examine and grant new plant variety rights. The SFA is responsible for PVR of trees, bamboos, woody vines, woody ornamental plants, fruit trees, etc., while the MA oversees PVR of crops, cotton, vegetables, tobacco, tea, etc. A complete list of the plants protectable under the PVR Law in China is updated on a regular basis and should be checked if PVR is desired. You may wish to contact us for more details on obtaining PVR in China .
In China, the term of protection of plant variety rights, counted from the date of grant thereof, is 20 years for vines, forest trees, fruit trees and ornamental plants, and 15 years for other plants.
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