Decision of the State Council on Amending  Regulations of the 
People’s Republic of China  on Protection of New Varieties 
of Plants  
(Adopted at the 231st Executive Meeting of the State Council on January 
16, 2013 , promulgated by Decree No. 635 of the State Council of the  
People’s Republic of China on January 31 , 2013  and effective  as of 
March  1, 2013 ) 
The State Council has decided to amend the Regulations of the 
People’s Republic of China  on Protection of New Varieties of Plants  as 
follows:  
1.The third paragraph of Article 39 is amended as “In handling cases 
of infringement of variety right s in accordance with their respective 
functions and powers, the administrative departments of agriculture and 
forestry of the people’s governments at or above the provincial level may, 
for the purposes of safeguarding the public interests of the society, or der 
the infringe r to stop the infringing act, confiscate the illegal gains and  the 
propagation material of the plant variety , may impose a fine of not less 
than one time but not more than five times the value of the goods if the 
value thereof is not less t han 50,000 yuan, or may impose a fine of not 
more than  250,000 yuan if there is no  value of the goods or the value 
thereof is not more than 50,000 yuan on basis of the circumstances .” 
2.Article 40 is amended as “Where a new variety of plant is 
counterfeite d, the administrative departments of agriculture and forestry 
of the people’s governments at or above the county level shall order the 
infringe r to stop the counterfeiting act, confiscate the illegal gains and the 
propagation material of the plant variety,  and may impose a fine of not 
less than one time but not more than five times the value of the goods if 
the value thereof is not less than 50,000 yuan, or may impose a fine of not 
more than  250,000 yuan if there is no  value of the goods or the value 
thereo f is not more than 50,000 yuan on basis of the circumstances; 
where the circumstances are so serious as to constitute a crime, criminal 
responsibility shall be investigated for according to law. ” 
This Decision shall be effective  as of March 1, 2013.  
The Regulations of the People’s Republic of China  on Protection of 
New Varieties of Plants  shall be amended accordingly and promulgated 
anew.  
 
Regulations of the People’s Republic of China  
on Protection of New Varieties of Plants  
  (Promulgated by Decree No. 2 13 of the State Council of the People’s Republic of 
China on March 20, 1997, and amended in accordance with the Decision of the State 
Council  on Amending Regulations of the People’s Republic of China  on Protection of 
New Varieties of Plants  on January 1,2013  ) 
  
  
Chapter  I  General Provisions  
  
    Article 1  These  Regulations are formulated for the purposes of 
protecting rights in new varieties of plants, encouraging the breeding and 
using of new varieties of plants, and promoting the development of 
agriculture and forestry.  
    Article 2  New varieties of plants r eferred to in these Regulations 
means artificially cultivated plant varieties, or ones developed from 
discovered wild plants, which possess  novelty, distinctness, uniformity 
and stability, and which are duly named.  
    Article 3  The administrative departm ents of agriculture and 
forestry of the State Council (both hereinafter referred to as “the 
examining and approving organs ”) are jointly responsible, according to 
the division of their functions and duties, for the receipt and examination 
of applications f or rights in new varieties of plants, and for granting rights 
in new varieties of plants (hereinafter referred to as “variety rights ”) to 
those new varieties of plants that conform to the provisions of these 
Regulations.  
    Article 4  The people’s governme nts at or above the county level 
or other relevant departments give awards to units or individuals that 
have accomplished the breeding of new plant varieties that have bearings 
on the State or the public interests, and are of great value of utility.  
    Article 5  The production, market and popularization of a new 
plant variety to which variety right has been granted (hereinafter referred 
to as the “ rights -granted variety ”) is subject to review and approval in accordance with the provisions of relevant Sta te laws and regulations on 
seeds.  
  
Chapter II  Content and Ownership of Variety Rights  
  
    Article 6  A unit or an individual that has accomplished the 
breeding enjoys an exclusive right in their rights -granted variety. No unit 
or individual shall, with out permission from the owner of the variety 
rights (hereinafter referred to as “the variety rights owner ”) , produce or 
market for commercial purposes the propagation material of the 
rights -granted variety, or repeatedly use for commercial purposes the 
propagation material of the rights -granted variety in the production of the 
propagation material of another variety, unless otherwise is provided in 
these Regulations.  
    Article 7  For an occupational breeding that is accomplished in 
execution of tasks of a unit or for the entity to which he belongs , or by 
primarily using material resources of a unit, the application right of a new 
variety of plant belongs to the unit; for a non -occupational breeding , the 
application right of a new variety of plant belong s to the individual who 
has accomplished the breeding. After the application is approved, the 
variety rights belong to the applicant.  
    For a commissioned breeding or jointly -conducted breeding, the 
ownership of variety rights shall be agreed upon by the  parties in a 
contract; in the absence of a contractual agreement thereon, the variety 
rights belong to the unit or individual commissioned with the 
accomplishment of or jointly accomplished the breeding.  
    Article 8  One new variety of plant shall be gr anted only one set of 
variety rights. If two or more applicants apply separately for variety rights 
on the same variety of new plant, the variety rights shall be granted to the person who applied first; if applying simultaneously, the variety rights 
shall be granted to the person who accomplished first the breeding of the 
variety of new plant.  
    Article 9  The application right of a new variety of plant and the 
variety rights may be assigned according to law.  
    If a Chinese unit or individual is to assi gn to a foreigner the 
application right or the variety rights with respect to a variety of new 
plant bred by it or him in China, it shall be approved by the examining 
and approving organs.  
    If a State -owned unit is to assign the application right or the  variety 
rights at home, it shall, in accordance with the relevant provisions of the 
State, be submitted to the relevant competent administrative departments 
for approval.  
    If the application right or variety right is assigned, the parties shall 
conclud e a written contract, and register with the examining and 
approving organs which shall make a public announcement.  
    Article 10  Use of a rights -granted variety under the following 
circumstances is allowed with no need for permission from or 
remuneration  to the variety rights owner. However, the other rights 
enjoyed by the variety rights owner under these Regulations shall be no 
means of prejudiced:  
    (1) the use of the rights -granted variety for breeding and other 
scientific research activities;  
    (2) the self -use or self -propagation by farmers of propagation 
materials of the rights -granted variety.  
    Article 11  Where the national interest or public interest so requires, 
the examining and approving organs may make a decision of a 
compulsory licens e to exploit new varieties of plant , which shall be  
registered and publicly announce d.     Any unit or individual that is granted a compulsory license for 
exploitation shall pay the variety rights owner a reasonable exploitation 
fee and the amount thereof shall be decided through consultation by both 
parties. Where the parties fail to reach an agreement, the examining and 
approving organs shall make a ruling.  
    The variety rights owner not satisfying with the decision of a 
compulsory license or with the ruling regarding the exploitation fee, may, 
within three months from the date of receivi ng notification, file a suit 
with a people’s court.  
    Article 12  W hether the period of the protection of a rights -granted 
variety has expired, its registered denomination must be used when 
marketing the said rights -granted variety.  
  
  
Chapters III  Conditions for Granting Variety Rights  
  
    Article l3  A new variety of plant applying for variety right shall be 
the botanical genus and species in the national catalogue of protected 
plant varieties. The catalogue of protected plant varieties shall be 
determined and announced by the examining and approving organs.  
    Article 14  New variety of plant granted variety rights shall possess 
the characteristic of novelty. “Novelty” means that, the propagation 
material of the new variety of plant for which va riety right is applied ha s 
not been marketed prior to the application date, or the propagation 
material of the variety ha s not been marketed, with the agreement of the 
breeder, within the territory of China for longer than one year; the 
propagation materia l of vines, forest trees, fruit trees and ornamental trees 
have not been marketed, outside the territory of China, for six years, or the propagation material of other plant varieties for longer than four 
years.  
    Article 15  New variety of plant granted variety rights shall possess 
the characteristic of distinctness. “Distinctness” means that, the new 
variety of plant for which variety right is applied shall be clearly  
distinguishable from any other plant variety whose existence is a matter 
of common kno wledge at the time when the application is filed.  
    Article 16  New variety of plant granted variety rights shall possess 
the characteristic of consistency. “Consistency” means that, the new 
variety of plant for which variety right is applied shall be co nsistent, 
except for the variation that may be expected, in its relevant 
characteristics or identity after propagation.  
    Article l7  New variety of plant granted variety rights shall possess 
the characteristic of stability. “Stability” means that, the n ew variety of 
plant for which variety right is applied shall remain true to its relevant 
characteristics or identity after repeated propagation or at the end of a 
particular cycle of propagation.  
    Article 18  New variety of plant granted variety rights shall possess 
a proper denomination, which shall be distinguishable from that of any 
other already known variety of the same or closely related  botanical 
genus or species. The denomination, after being registered, shall be the 
generic designation of the n ew variety of plant in question.  
    The following denomination shall not be used for designating a 
variety:  
    (1) consisting solely of figures;  
    (2) violating social morals;  
    (3) being liable to mislead concerning the characteristics or identity 
of a new variety of plant, or the identity of the breeder.  
   
Chapter IV  Application for Variety Rights and Receipt Thereof  
  
    Article l9  A Chinese unit or individual that intends to apply for 
variety rights may file an application with the examining a nd approving 
organs directly or by entrusting an agency.  
    Where the new variety of plant for which variety right is applied by 
a Chinese unit or individual involves State security or major interests and 
therefore needs to be kept confidential, it shall be handled in accordance 
with the relevant provisions of the State.  
    Article 20  If a foreigner, foreign enterprise or other foreign 
organization files an application for variety rights in China, it shall be 
handled in accordance with any agreement conc luded between the 
country to which the applicant belongs and the People’s Republic of 
China, or any international treaty to which both countries have acceded, 
or handled according to these Regulations on the basis of the principle of 
reciprocity.  
    Artic le 21  When applying for variety right, a written request and a 
specification conforming to the prescribed format and requirements as 
well as a photograph of the variety shall be submitted to the examining 
and approving organs.  
    The application document s shall be written in Chinese.  
    Article 22  The date on which the examining and approving organs 
receive the variety rights application documents shall be the filing date of 
the application. Where the application documents are sent by mail, the 
postmark  date shall be the filing date of the application.  
    Article 23  An applicant who, within 12 months from the date on 
which an application for variety right was first filed in a foreign country, 
files an application for variety right in China for the same  new variety of plant, may, in accordance with any agreement concluded between the said 
foreign country and the People’s Republic of China or any international 
treaty to which both countries have acceded, or on the basis of the 
principle of mutual recognit ion of the right of priority, enjoy a right of 
priority.  
    Any applicant who claims the right of priority shall make a written 
declaration when the application is filed, and submit, within three months, 
a copy of the variety right application documents t hat was first filed, and 
confirmed by the original receiving authority; if the applicant fails to 
make the written declaration or fails to submit a copy of the variety right 
application documents in accordance the provisions of these Regulations, 
the claim  to the right of priority shall be deemed not to have been made.  
    Article 24  Where an application for variety right conforms to the 
provisions of Article 2l of these Regulations, the examining and 
approving organs shall accept it, define the date of fi ling, assign a filing 
number and notify the applicant within one month as of the date of 
receiving the application to pay the application fee.  
    Where an application for variety right does  not, or after being 
revised still does not, conform to the provisions of Article 2l of these 
Regulations, the examining and approving organs shall not accept it and 
shall notify the applicant accordingly.  
    Article 25  An applicant may amend or withdraw  the application 
for variety right at any time before the variety right is granted.  
    Article 26  Where a Chinese unit or individual intends to file an 
application in a foreign country for variety right on a new variety of plant 
bred in China, registrati on shall be made with the examining and 
approving organs.  
  
Chapter V  Examination and Approval of Variety Right    
    Article 27  After an applicant has paid the application fee, the 
examining and approving organs shall carry out a preliminary 
examination  on the following contents of an application for variety right:  
    (1) whether the variety falls into the category of the botanical genus 
or species included in the catalogue of protected plant varieties;  
    (2) whether it conforms to the provisions of A rticle 20 of these 
Regulations;  
    (3) whether it conforms to the provisions on novelty;  
    (4) whether the denomination of the new variety of plant is 
appropriate.  
    Article 28  The examining and approving organs shall accomplish 
the preliminary exami nation within six months after the date of accepting 
an application for variety right. Where the application for variety right is 
found up to requirements through the preliminary examination, the 
examining and approving organs shall have it publicly announ ced and 
notify the applicant to pay the examination fee within three months.  
    Where the application for variety right is found not up to 
requirements through the preliminary examination, the examining and 
approving organs shall notify the applicant to s tate views or make 
revisions within three months; where response is not made beyond the 
time limit or after revisions are made there still is non -conformance with 
requirements, the application is rejected.  
    Article 29  After an applicant has paid as pro vided the examination 
fee, the examining and approving organs shall carry out substantive 
examination on the characteristics of distinctness, consistency and 
stability of the variety for which variety right is applied.  
    Where the applicant has not paid as provided the examination fee, 
the application for variety right shall be deemed to be withdrawn.      Article 30  The examining and approving organs shall carry out 
substantive examination chiefly on the basis of application documents 
and other relevant written materials. The examining and approving organs 
if they deem it necessary, entrust a designated testing institution with the 
test or inspection the results of planting or other experiments that have 
already been carried out.  
    For the purposes of e xamination, the applicant shall, at the request of 
the examining and approving organs, furnish necessary information and 
propagation material of the new variety of plant.  
    Article 31  Where  the application for variety right is found through 
substantive examination, to be in conformity with the provisions of these 
Regulations, the examining and approving organs shall make a decision 
of granting variety rights, issue a new variety rights certi ficate, and have 
it registered and published.  
    Where the application of variety rights is found not to be in 
conformity with the provisions of these Regulations, the examining and 
approving organs shall reject the application and notify the applicant.  
    Article 32  The examining and approving organs shall set up a 
Reexamination Board for New Varieties of Plants.  
    An applicant may, if not satisfying with the decision of the 
examining and approving organs to reject the application, request the 
Reexami nation Board for New Varieties of Plants to make a 
reexamination within three months from the date of receiving notification. 
The Reexamination Board for New Varieties of Plants shall, within six 
months from the date of receiving the request for reexaminat ion, make a 
decision and notify the applicant.  
    An applicant may, if not satisfying with the re -examination decision 
of the Reexamination Board for New Varieties of Plants, file suit in the 
people’s court within l5 days from the date of receiving notifi cation.      Article 33  After the variety rights have been granted, for the 
period beginning on the date on which an acceptable application is 
published on preliminary examination and ending on the date of grant of 
variety rights, the variety rights holder  is entitled to claim compensation 
from an entity which, and an person who, has produced or sold the 
propagating material of the protected variety in question for commercial 
purposes without his consent.  
 
 Chapter VI  Period, Termination and Invalidation  
  
    Article 34  The period of protection of variety rights, computed, 
shall, from the date of grant of the rights be 20 years for vines, forest 
trees, fruit trees and ornamental trees and 15 years for other plants.  
    Article 35  The variety rights owner  shall pay an annual fee 
beginning with the year in which the variety rights are granted, and shall 
furnish propagation material of the rights -granted variety for the purposes 
of testing as required by the examining and approving organs.  
    Article 36  Variety rights shall be terminated prior to the expiration 
of the period of protection in any of the following cases:  
    (1) where the variety rights owner by a written declaration renounces 
the variety rights;  
    (2) where the variety rights owner fails  to pay the annual fee as 
prescribed;  
    (3) where the variety rights owner fails to furnish, as required by the 
examining and approving organs, propagation material of the 
rights -granted variety needed for testing;  
    (4) where, upon testing, the rights -granted variety is found to be no 
longer in conformity with the characteristics and identity that existed 
when the variety rights were granted.      The termination of a variety right shall be registered and publicly 
announced by the examining and approvin g organs.  
    Article 37  From the date of the announcement of the grant of a 
variety right by examining and approving organs, the Reexamination 
Board for New Varieties of Plants may, ex offici o or on the basis of a 
written request made by a unit or indivi dual, declare a variety right 
invalid that is not in conformity with the provisions of Articles 14, 15, 16 
and 17 of these Regulations, or change the denomination of any variety 
that is not in conformity with the provisions of Article 18 of these 
Regulatio ns. The decision to revoke variety rights and the decision to 
change the denomination shall be registered and publicly announced by 
the examining and approving organs, and the parties shall be notified.  
    If not satisfying with the decision of the Re -examination Board for 
New Varieties of Plants, a suit may, within three months from the date of 
receiving the notification, be filed in a people’s court.  
    Article 38  A variety right that has been declared invalid shall be 
deemed to be non -existent from th e beginning.  
    The decision declaring a variety right invalid shall have no 
retroactive effect on any judgment or order on infringement of a new 
variety of plant which has been pronounced and enforced by the people’s 
court, on any decision concerning the  handling of infringement of a new 
variety of plant which has been made and enforced by the administrative 
departments of agriculture and forestry of the people’s governments at or 
above provincial level, and on any contract of license for exploitation of a 
new variety of plant and any contract of assignment of the right of a new 
variety of plant which have been performed, prior to the declaration;. 
however, the damage caused to any other person in bad faith on the part 
of the variety right owner shall be r easonably compensated.      If, according to the provisions of the preceding paragraph, no 
repayment of the fee for the exploitation of a new variety of plant or the 
price for the assignment of a variety right, is made by the variety right 
owner or the assi gnor of the variety right to the licensee or the assignee, 
which is obviously contrary to the principle of equity, the variety rights 
owner or the assignor of the variety right shall repay the whole or part of 
the fee for the exploitation of the variety or  the price for assignment of 
the variety right to the licensee or the assignee.  
  
Chapter VII  Penalty Provisions  
  
    Article 39  Where the propagation material of a rights -granted 
variety is produced or marketed for commercial purposes without the 
conse nt of the variety right owner, the variety right owner or an interested 
party may request the administrative departments of agriculture and 
forestry of the people’s governments at or above the provincial level to 
handle it in accordance with their respecti ve functions and powers, or 
directly file a suit in a people’s court.  
    The administrative departments of agriculture and forestry of the 
people’s governments at or above the provincial level may, according to 
their respective functions and powers and on  the basis of the principle of 
free will of the parties, mediate the compensation of damages caused by 
the infringement. Where an accord is reached through mediation, it shall 
be executed by the parties; where no accord is reached through mediation, 
the va riety right owner or the interested party may file a suit in a people’s 
court according to the civil procedures.  
    In handling cases of infringement of variety right s in accordance 
with their respective functions and powers, the administrative 
department s of agriculture and forestry of the people’s governments at or above the provincial level may, for the purposes of safeguarding the 
public interests of the society, order the infringe r to stop the infringing act, 
confiscate the illegal gains and  the propa gation material of the plant 
variety , may impose a fine of not less than one time but not more than 
five times the value of the goods if the value thereof is not less than 
50,000 yuan, or may impose a fine of not more than  250,000 yuan if there 
is no  value of the goods or the value thereof is not more than 50,000 yuan  
on basis of the circumstances . 
Article 40  Where a new variety of plant is counterfeited, the 
administrative departments of agriculture and forestry of the people’s 
governmen ts at or abov e the county level  shall order the infringe r to stop 
the counterfeiting act, confiscate the illegal gains and the propagation 
material of the plant variety, and may impose a fine of not less than one 
time but not more than five times the value of the goods  if the value 
thereof is not less than 50,000 yuan, or may impose a fine of not more 
than 250,000 yuan if there is no  value of the goods or the value thereof is 
not more than 50,000 yuan on basis of the circumstances; where the 
circumstances are so serious  as to constitute a crime, criminal 
responsibility shall be investigated for according to law.  
    Article 41  Both the administrative departments of agriculture and 
forestry of the people’s governments at or above the provincial level in 
investigating and  handling cases of infringement of variety right in 
accordance with their respective functions and powers, and the 
administrative departments of agriculture and forestry of the people’s 
governments at or above the county level in investigating and handling  
cases concerning counterfeited rights -granted variety in accordance with 
their respective functions and powers, may, as necessitated, seal up or 
distrain the propagation material of the plant variety related to the cases, have access to, make copies of an d seal up contracts, account books and 
other relevant documents relating to the cases.  
    Article 42  Where a rights -granted variety is sold without using its 
registered denomination, the administrative departments of agriculture 
and forestry of the peopl e’s governments at or above the county level 
shall, in accordance with their respective functions and powers, order to 
make corrections within a specified time limit, and may impose a fine not 
more than 1,000 yuan.  
    Article 43   Where disputes arise as t o the ownership of the 
application right and variety of a new variety of plant, the parties may file 
a suit in a people’s court.  
    Article 44  A staff member of the administrative departments of 
agriculture and forestry of the people’s governments at or above the 
county level and of other departments who abuse his power, neglects his 
duty, commits illegality for personal interest or by fraudulent means, or 
seeks or accepts bribes shall be investigated for criminal responsibility 
according to law if a crim e is constituted; administrative sanctions shall 
be given according to law if a crime is not constituted.  
  
Chapter VIII  Supplementary Provisions  
  
    Article 45  The examining and approving organs may formulate 
adaptive provisions on the requirements of  novelty for genus or species 
first included in the catalogue of protected plant varieties before the entry 
into force of these Regulations and that for the genus or species newly 
included in the catalogue of protected plant varieties after the entry into 
force of the Regulations.  
    Article 46  These Regulations shall take effect as of October 1, 
1997.