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Regulations of the People’s Republic of China on the Protection of New Varieties of Plants (as amended by Decision of January 31, 2013, of the State Council on Amending the Regulations of the People's Republic of China on the Protection of New Plant Varieties), China
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Year of Version
2013
Dates
Amended:
March 1, 2013
Entry into force:
October 1, 1997
Adopted:
March 20, 1997
Type of Text
Main IP Laws
Subject Matter
Plant Variety Protection
Subject Matter (secondary)
Enforcement of IP and Related Laws,
IP Regulatory Body
Notes
The Regulations of the People’s Republic of China on the Protection of New Varieties of Plants were promulgated by the Decree No. 213 of the State Council of the People's Republic of China on March 20, 1997, and came into force on October 1, 1997.
These Regulations were amended for the first time in accordance with the 'Decision of January 31, 2013, of the State Council on Amending the Regulations of the People's Republic of China on the Protection of New Plant Varieties', which were promulgated by Decree No. 635 of the State Council, and entered into force on March 1, 2013 (see Chapter VII, Article 39, third paragraph, and Article 40 of the Regulations for detailed amendments) .
The notification by China to the WTO under Article 63.2 of TRIPS states:
'This first revision to the Regulations of the People's Republic of China on Protection of New Varieties of Plants aims to enhance the protection of intellectual property, specially, it increases the penalty for the administrative penalties:
1. Authorities may confiscate the illegal income and the propagation material of the plant variety in certain circumstances;
2. Subdivided the fine and setting the ceiling of the fine (250,000 yuan).
The revised Regulations of the People's Republic of China on Protection of New Varieties of Plants entered into force on March 1, 2013.'
Available Texts
Main text(s)
Main text(s)
Chinese
《中华人民共和国植物新品种保护条例》 （根据2013年1月31日国务院关于修改《中华人民共和国植物新品种保护条例》的决定修改）
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Regulations of the People’s Republic of China on the Protection of New Varieties of Plants (as amended by Decision of January 31, 2013, of the State Council on Amending the Regulations of the People's Republic of China on the Protection of New Plant Varieties)
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WTO Document Reference
IP/N/1/CHN/9
IP/N/1/CHN/P/4
WIPO Lex No.
CN391