China

PVP Office Contact Information

Division for PVP DUS testing
Development Center of Science and Technology
Ministry of Agriculture and Rural Affairs
Keji Building, Jia No. 18, Ronghuananlu
Yizhuang Economic and Technological Developement Zone
Beijing 100176
China

Tel. (86-10) 59198105
Fax. (86-10) 59198100
E-mail: yangxuhong@agri.gov.cn
Website: http://www.zys.moa.gov.cn and http://www.nybkjfzzx.cn

Specific requirements in relation to UPOV PRISMA

Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

1) An agent is required, if the applicant is not a resident.

2) If there is agent, the letter of authority by applicant is required.

3) An agent should register an account from the Government Service Platform of the Ministry of Agriculture and Rural Affairs (MARA), China.
Website:https://zwfw.moa.gov.cn/nyzw/index.html

Application data

Will I receive confirmation that my application data has been received successfully?

Yes. The information of confirmation is sent to the MARA account of the agent or local representative.

Plant Material

When applicable, where should I send the plant material?

Seed Storage Center of the Office of Protection of Plant New Varieties, Ministry of Agriculture and Rural Affairs, China
Address：No. 12, Zhongguancun Nandajie, Haidian District, Beijing, 100081, P. R. China
Ms. Xinxia Tel: 86-10-62174099
Or Ms. He Juanjuan Tel & Fax: 86-10-82105750
E-mail: xpzsc@caas.cn

For a seed propagated variety, the applicant shall submit the seeds of the candidate variety to the Seed Storage Center of the Office of Protection of Plant New Varieties (see above) with the required quality and quantity provided in the notice of submission of seeds after receiving the notice of acceptance in the national online system. The national online system is only accessible by the agent/local representative. For others types, after receiving the notice of submission of propagating material, the applicant shall submit the propagating material to a designated DUS Sub-center directly with the required quality and quantity in a required period for DUS testing.

In addition, if the propagating material needs to be imported in China, the plant quarantine certificate, issued by the Chinese plant quarantine authority, might be required.

Payment

How and when do I pay the PVP application fee?

Not applicable. PBR applications are made free of charge.

Will I receive confirmation that the payment has been received?

Not applicable.

Agent / Local Representative

Do I need an agent or local representative in the country, if I am not a resident?

Article 19 of the “Detailed Rules of Regulations of the People’s Republic of China on the Protection of New Varieties of Plants” provides that a foreigner, foreign enterprises or any other foreign institution, who has no residence in China, file an application for variety rights in China, the applicant shall entrust a Chinese agent to conduct the procedural matters.

The PVP applicant has the possibility to choose any agent in China. The PVP Office does not have a list of entrusted agents.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.

Filing Date

What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

The filing date is considered to be the date on which the PVP Office receives electronically the plant breeders’ rights application duly filed, including application from the national application system and UPOV PRISMA .

Files that may be uploaded through the application system usually do not need to submit paper documents. But, if original documents need to be provided, the PVP office will notify the applicant or agent.

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission

For testing or plant material purposes, are there dates for the submission of applications?

There are no dates for submission of applications.

Additional requirements

Are there any additional requirements?

Article 20 of “Regulations of the People’s Republic of China on the Protection of New Varieties of Plants” reads that if a foreigner, a foreign enterprises or any other foreign institution, file an application for variety rights in China, the application shall be handled under these Regulations in accordance with any agreement concluded between the country to which the applicant belongs and the People’s Republic of China, or any international convention to which both countries are party, or on the basis of the principle of reciprocity.