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					The Rules for the Implementation of the Regulations of the People's Republic

of China On the Protection of New Varieties of Plants (Forest Part)


Promulgated by the State Forestry Administration on 16 June 1999



Chapter 1


General Provision


Article 1


These Rules are formulated in accordance with the Regulations of the

People's Republic of China on the Protection of New Varieties of Plants

(hereinafter referred to as the Regulations)


Article 2


New plant varieties referred to these Rules are the varieties of forest tree,

bamboo, and woody rattan, woody ornamental plant (including woody flower),

fruit tree (dry fruit part), woody oil-bearing plant, plant used for beverage, plant

used for condiment and woody herbs as well as other plants which are in

conformity with Article 2 of the Regulations. The list of the protected plant

varieties shall be determined and announced by the State Forestry

Administration.


Article 3
The State Forestry Administration shall receive and examine the application

for the rights of new plant varieties and shall grant the rights of new plant

varieties (hereinafter referred to as variety rights) in accordance with the

Regulations and these Rules. The Office of the Protection of New Varieties of

Plants of the State Forestry Administration (hereinafter referred to as the Office

of the Protection of New Varieties of Plants) is responsible for the receipt and

examination of the application for rights in new varieties referred to in Article 2

of these Rules and shall organize the testing and preservation and other

business relating to the protection of the new plant varieties and undertake

international services concerning the protection of the new plant varieties in

line with relevant regulations of the state.


Chapter 2


Content and ownership of Variety Rights


Article 4


The propagating material, which is referred to in the Regulations, is the whole

plant (including stock), seed (including root, stem, leaf, flower and fruit etc.)

and any part, which constitutes the plant body (including tissue and cell).


Article 5


The service breeding referred to in the Article 7 of the Regulations is:
1) the breeding accomplished in his own work;


2) the breeding accomplished by any person in undertaking, besides his own

work, tasks assigned by the entity to which he belongs;


3) the breeding accomplished by any person, which is related to the work in his

original entity or the tasks assigned to him by his original entity, within three

years after he leaves his original entity; or


4) the breeding accomplished by using the capital, instrument, equipment,

testing ground, propagating resources and other breeding material as well as

not-open-to-the-public technical references of the entity to which he belongs.

All other breeding is regarded as non-service breeding accept for the cases

prescribed in the preceding provisions of this Article.


Article 6


The person who has accomplished the breeding of the new plant variety

concerned, the applicant for the variety rights and the variety right holder

referred to in Article 8 of the Regulations shall all include the entity or

individual.


Article 7


Where two applicants or more apply separately for the variety rights in respect

of the same new plant variety on the same time, the Office of the Protection of
New Varieties of Plants may request the applicants to consult among

themselves so as to determine the ownership of the right to file the application

for variety rights in respect of the new plant variety concerned; if the

consultation fails to reach consensus, the Office of the Protection of New

Varieties of Plants shall request the applicants to provide within the prescribed

period the evidence to prove that he himself is the person who has first

accomplished the breeding of the new plant variety concerned. In case no

evidence is provided within the time limit, the application shall be regarded as

having been renounced .


Article 8


Where a Chinese entity or individual whishes to assign the right to file an

application for the variety rights or assign the variety rights to a foreigner in

respect of a new plant variety bred in China, the assignment shall be submitted

to the State Forestry Administration for approval. Where a State-owned entity

wishes to assign the right to file an application for the variety rights or assign

the variety rights in respect of a new plant variety within the country, the

assignment shall be approved by higher competent department concerned. In

case of assignment of the right to file an application for the variety rights or

assignment of the variety rights, the party concerned shall make a contract in

writing and register with the State Forestry Administration. The State Forestry

Administration shall publish the assignment.
The assignment of the right to file an application for the variety rights or the

assignment of the variety rights shall enter into force as from the date of the

publication.


Article 9


In accordance with Article 11 of the Regulations, the State Forestry

Administration may decide or may decide at the request of the parties

concerned to grant a compulsory license to exploit new plant varieties in any of

the following cases:


1) to meet the country's interest or public interest and other particular needs; or

2) the variety rights holder concerned does not exploit by himself the new plant

variety with no appropriate reasons nor permit other person to request, under

reasonable conditions, the exploitation of the new plant variety concerned.


The entity which or the individual who requests a compulsory license shall give

reasons by submitting an application for the compulsory license. The relevant

certification shall also be attached with. Both the application and the

certification shall be in duplication


Article 10


In accordance with Provision 2, Article 11 of the Regulations, where the State

Forestry Administration is requested to adjudicate the amount of fee payable
for the compulsory license to exploit new plant varieties, the parties concerned

shall submit a request for adjudication attached with the related material to

show that the parties concerned have failed to reach an agreement. The State

Forestry Administration shall make the adjudication and notify the parties

concerned within three months as from the date of receiving the request.


Chapter 3


Conditions for the Grant of Variety Rights


Article 11


Where the variety rights are granted, it shall be in conformity with Articles 13,

14,15, 16,17,18 of the Regulations and Article 2 of the Rules.


Article 12


In accordance with Article 45 of the Regulations, regarding the genera or

species first included in the list of protected plant varieties before the entry into

force of the Regulations and the genera or species included in the list of

protected plant variety after the entry into force of the Regulations, where the

application for variety rights is filed within one year from the date of publication

of the list, and the propagating material of the said plant varieties concerned

has been for sale within China for less than four years with the consent of the

breeder, the plant varieties concerned shall be deemed to possess novelty.
Article 13


Besides the provisions of Article 16 of the Regulations, the following shall also

be avoided in the selection of a denomination for a new variety:


1) those violating laws of the state and provisions of the administrative

regulations or containing national discrimination;


2) those named after a country;


3) those named after a place of an administrative regions at county level or

above or a well-known place of a foreign country; or


4) those that are the same or similar to the denomination of inter-governmental

international organizations, other internationally or domestically well-know

organizations or marks as well; or


5) those that are the same or similar to the known denomination of a genera or

species.


Chapter 4


Application for Variety Rights and Receipt thereof


Article 14


Where any Chinese entity or individual applies for variety rights, it or he may

file an application to the State Forestry Administration directly or entrust a
representative agency designated by the State Forestry Administration for the

purpose.


Article 15


Where the new plant variety in respect of which Chinese entity or individual

applies for variety rights involves national security or major interest and it

needs to be kept confidential, the applicant shall give clear indication of it in the

application documents. The Office of the Protection of New Varieties of Plants

shall handle the case in accordance with the state regulations concerning the

confidentiality and then notify the applicant accordingly. Where the Office of

the Protection of New Varieties of Plants deems that the new plant variety

needs to be kept confidential, but it is not indicated in the documents of the

application by the applicant, the Office of the Protection of New Varieties of

Plants shall address it as a confidential application and notify the applicant

accordingly.


Article 16


If a foreigner who, a foreign enterprise or any other foreign organization files

an application for the variety rights to or handle other matters concerning the

variety rights with the State Forestry Administration, a representative agency

dealing with foreign affairs which is designated by the State Forestry

Administration shall be entrusted for the purpose.
Article 17


Where any applicant entrusts the representative agency to file an application

for the variety rights to or handle other relevant matters with the State Forestry

Administration, a trust deed shall be submitted, stating the terms of reference

of the trust. In case there are two applicants or more and they have not

entrusted any representative agency, one party concerned shall be clearly

determined as the representative.


Article 18


Where any applicant files an application for variety rights, the application and

specifications, which are in conformity with the forms prescribed by the State

Forestry Administration as well as photographs, which are in conformity with

the Article 19 of the Rules, shall be submitted in duplication to the Office of the

Protection of New Varieties of Plants.


Article 19


The photographs refereed to in Article 21 of the Regulations shall be in

conformity with the following requirements:


1) the photographs shall be conducive to the explanation of distinctness of the

plant variety concerned which the application for its variety rights is filed;


2) the comparison of one characteristic is shown on the same photograph;
3) the photographs shall be colored;


4) the specification of the photographs is 8.5 cm x 12.5 or 10cm x 15 cm; and 5)

there shall be a brief caption for photographs and the Office of the Protection

of New Varieties of Plants may request the applicant to provide black and

white photographs if necessary.


Article 20


The Office of the Protection of New Varieties of Plants shall not receive the

documents of the application for variety rights in any of the following cases:


1) the documents are incomplete or not in conformity with the prescribed

forms;


2) the writing is unclear or severely altered; and


3) Chinese language is not used.


Article 21


the Office of the Protection of New Varieties of Plants may request the

applicant to submit the propagating material of the applied variety and the

check variety for the purpose of examination and inspection.


Article 22
The applicant shall deliver the propagating material within three months as

from the date of receiving the note of the Office of the Protection of New

Varieties of Plants. Where seeds are delivered, the applicant for the variety

rights shall hand it over to the reservation agency designated by the Office of

the Protection of New Varieties of Plants; where the asexual propagating

material is delivered, the applicant shall hand it over to the testing agency

designated by the Office of the Protection of New Varieties of Plants. Where

the applicant fails to hand it over within the time limit, the application shall be

regarded as having been renounced.


Article 23


The propagating material handed over by the applicant shall be quarantined in

accordance with related regulations of the state; in case the propagating

material, which has to be quarantined, has not been quarantined or has failed

to pass the quarantine, the reservation agency or testing agency shall not

receive it.


Article 24


Where the propagating material handed over by the applicant fails to satisfy

the testing or satisfy the need of testing or fails to meet the testing requirement,

the Office of the Protection of New Varieties of Plants may request the

applicant to make up the deficiency. Where the applicant has made up the
deficiency three times but it still fails to be in conformity with the provisions, the

application shall be regarded as having been renounced.


Article 25


The propagating material handed over by the applicant shall be in conformity

with the following requirements:


1) to be identical with the propagating material of the said new plant variety

described in the documents of the application for variety rights;


2) to be recently harvested or collected;


3) to be free of disease and pest; and


4) to be untreated with medicine. If the propagating material handed over by

the applicant has been undergone medical treatment, the denomination of the

medicine and the method and purpose of the use of the treatment shall be

attached with.


Article 26


Upon receiving the propagating material delivered by the applicant, the

reservation agency or testing agency shall give a receipt to the applicant.

Where the propagating material handed over by the applicant passes the

inspection, the reservation agency or the testing agency shall issue the
certificate of inspection in writing to the applicant and at the same time report it

to the Office of the Protection of New Varieties of Plants accordingly; where the

propagating material fails to pass the inspection, the reservation agency or the

testing agency shall report it to the Office of the Protection of New Varieties of

Plants. The Office of the Protection of New Varieties of Plants shall handle the

case in accordance with the relevant regulations afterwards.


Article 27


The reservation agency and the testing agency shall keep secrete and take

care of the propagating material delivered by the applicant during the period of

the examination of the application for variety rights and during the period of the

validity of the variety rights. Article 28 Where any foreigner who, foreign

enterprise or other foreign organization which does not have permanent

residence or business office in China applies for variety rights or claims to the

right of priority, the Office of the Protection of New Varieties of Plants may

request him or it to provide the following documents:


1) the certificate for nationality;


2) the certification of the business office or headquarters location if the

applicant is an enterprise or other organization; and


3) the certification that the country, to which the foreigner, the foreign

enterprise or other foreign organization belongs, recognizes that the Chinese
entities or individuals may enjoy in the same country the right to file an

application for variety rights, the right of priority and other rights related to the

variety rights under the same conditions as are accorded to its own nationals.


Article 29


Any applicant who applies for variety rights with foreign countries may, after

submitting to the Office of the Protection of New Varieties of Plants the

application for variety rights, request the Office of the Protection of New

Varieties of Plants to issue the certificate of right of priority. Where the

requirements concerned are met, the Office of the Protection of New Varieties

of Plants shall issue the certificate of right of priority.


Article 30


Where the applicant withdraws the application for variety rights, he shall

submit to the State Forestry Administration an statement of withdrawal of

application, indicating the denomination of the plant variety concerned, the

filing number and the filing date.


Article 31


Where a Chinese entity or individual wishes to apply for variety rights with a

foreign country in respect of a new plant variety bred in China, it or he shall

register at the State Forestry Administration.
Chapter 5


Examination and approval of Variety Rights


Article 32


In conducting the preliminary examination of the application for variety rights,

the State Forestry Administration may request the applicant to state his views

or make amendment on some issues concerned within the prescribed period.


Article 33


Where an application for new plant variety rights includes applications for two

new plant varieties or more, the Office of the Protection of New Varieties of

Plants shall, prior to the issuance of the notification for the substantial

examination, request the applicant to submit the application on separate-case

base within the prescribed period. Where the applicant fails to amend his

application to be the application on separate-case base within the prescribed

period or fails to respond within the time limit, the application shall be regarded

as having been withdrawn.


Article 34


The application on separate-case base filed in accordance with Article 33 of

these Rules may retain the original filing date. The date of right of priority may

also be retained if the right of priority is enjoyed, but it shall not exceed the
scope of the original application. For the application on separate-case base, all

procedures shall be completed in accordance with the provisions of the

Regulations and these Rules. In the request letter of the application on the

separate-case base the filing number and the filing date of the original

application shall be clearly indicated. Where the original application enjoys the

right of priority, a duplicate of the documents of the original application for

priority right shall be submitted.


Article 35


The State Forestry Administration shall publish the applications for the variety

rights, which are proved to be in conformity with the Regulations and these

Rules by the preliminary examination. From the date of publication of the

application for variety right till the date before the date of publication of grant of

the variety rights, any person may submit to the State Forestry Administration

his opinions on any application for variety rights which does not conform to the

Regulations and give reasons accordingly.


Article 36


For the amended part in the specification for the application for variety rights

except for the few wording to be changed, added or deleted, the replaced

pages shall be submitted in line with the prescribed forms.


Article 37
Where the application for variety rights are proved to be in conformity with the

Regulations by the substantial examination, the State Forestry Administration

shall decide to grant the variety rights, issue the certificate for the variety rights

to the applicant for variety rights and make registration and publication. The

applicant shall, within three months from the date of receipt of the notice of

obtaining the certificate of variety rights, complete the procedures for obtaining

the certificate of variety rights and pay the annual fee for the first year in

accordance with the relevant regulations of the state. Where the applicant fails

to obtain the certificate of variety rights and pay the annual fee with the time

limit, the variety rights shall be regarded as having been renounced unless

there are justifiable reasons.


Article 38


The Re-Examination Board for New Varieties of Plants of the State Forestry

Administration (hereinafter referred to as Re-Examination Board) shall consist

of experienced experts on plant breeding, experts on plant cultivation and

experts on laws and other administrative managerial personnel concerned.

The chairman of the Re-Examination Board shall be appointed by the principal

responsible person of the State Forestry Administration. The Office of the

Protection of New Varieties of Plants shall handle re-examination-related

matters in line with the decision of the Re-Examination Board.


Article 39
Where any applicant applies for re-examination to the Re-Examination Board

in accordance with Provision 2, Article 32 of the Regulations, he shall submit

the application for re-examination, which shall be in conformity with forms

prescribed by the State Forestry Administration, and the relevant certification

shall be attached with. The application for re-examination and certification

shall be in duplication. Where any applicant applies for re-examination, he may

amend the documents of the application for the variety rights which has been

refused, but the amendments shall be limited just to the part which is involved

in the decision on the refusal of the application .


Article 40


Where the application for the re-examination is not in conformity with the

requirements, the applicant for the re-examination shall make supplement and

amendments within the time limit designated by the Re-Examination Board;

where the applicant fails to make supplement and amendments within the time

limit or the supplement and amendments still fail to meet the requirements, the

application for the re-examination shall be regarded as having been

renounced.


Article 41


The applicant for the re-examination may withdraw the application for

ex-examination prior to the decision made by the Re-Examination Board.
Chapter 6


Termination and nullity of variety rights


Article 42


Where the variety rights are cancelled prior to the expiration of the protection

period in accordance with Article 36 of the Regulation, the date of the

cancellation of the variety rights is:


1) in case the variety rights holder renounces the variety rights in a written

statement, the variety rights shall be cancelled from the date of the statement;


2) in case the applicant for variety rights fails to pay the annual fee in

accordance with the relevant regulations, the variety rights shall be cancelled

from the date of expiration of the period for the overdue payment of annual fee;

or


3) in case the variety rights holder fails to provide, in accordance with the

requirements concerned, the inspection-needed propagating material of the

said variety in respect of which the variety frights have been granted or the

propagating materials he has handed over fails to meet the requirements

concerned .The State Forestry Administration shall register it and the said

variety rights shall be cancelled from the date of the registration.
4) in case the inspection shows that the said variety in respect of which the

variety rights have been granted is no longer in conformity with the features or

characteristics of the variety in respect of which the variety right were then

newly granted, the variety rights shall be cancelled from the date of the

registration by the State Forestry Administration.


Article 43


Where any entity or individual requests to have the variety rights declared null

and void in accordance with Provision 1, Article 37 of the Regulations, an

application for having the variety right declared null and void, which shall be in

conformity with the forms prescribed by the State Forestry Administration, and

the relevant documents shall be submitted to the Re-Examination Board in

duplication and explain the facts and reasons based upon.


Article 44


Where the granted variety rights do not conform to the provisions of Articles 14,

15,16,and 17 of the Regulations, the Re-Examination Board shall declare the

variety rights null and void in accordance with its functions and powers or at

the written request of any entity or individual. The declaration of the variety

rights null and void shall be registered and published by the State Forestry

Administration and notified to the party concerned by the Office of the

Protection of New Varieties of Plants.
Article 45


The Re-Examination Board shall not accept the application when it is

established that the application for having variety rights declared null and void

are not explained the facts and reasons based upon or that the

Re-examination Board has examined the application for having a set of variety

rights declared null and void and decided to maintain the variety rights, but the

applicant again applies for having the variety rights declared null and void by

using the same facts and reasons.


Article 46


The Re-Examination Board shall, within 15 days as from the date of receiving

the request of having the variety rights declared null and void, deliver to the

variety rights holder a duplicate of the request of having the said variety rights

declared null and void and other relevant documents. The variety rights holder

shall state his views within three months. If the variety rights holder does not

respond with the time limit, the adjudication of the Re-Examination Board shall

not be affected.


Article 47


After the Re-Examination Board makes the decision to change the

denomination of a variety in respect of which the variety rights have been

granted, the State Forestry Administration shall register and publish it and the
Office of the Protection of New Varieties of Plants shall notify the variety rights

holder and change the certificate of variety rights. After the change of the

denomination of the variety concerned in respect of which the variety rights

have been granted, the variety rights holder shall no be in position to use the

original denomination of the said variety in respect of which the variety rights

have been granted.


Article 48


Any applicant for having the variety rights declared null and void may withdraw

his application prior to the decision made by the Re-Examination Board on the

application for having the variety rights declared null and void.


Chapter 7


Submission, Delivery and Term of the Documents


Article 49


All matters prescribed by the Regulations and these Rules shall be handled in

written forms.


Article 50


All documents submitted in accordance with provisions of the Regulations and

these Rules shall be in Chinese and the technical terms, which are uniformly
stipulated by the state. For foreign person's name, foreign place name, and

foreign scientific and technical terms, which do not have uniformed Chinese

translation, the original shall be indicated. Where the certificates and

certification submitted in accordance with the provisions of the Regulations

and these Rules are in foreign languages, The Chinese translation of the said

certificates and certification shall be attached with at the same time. Where the

Chinese translation is not attached with, the said certificates and certification

shall be regarded as having not been submitted.


Article 51


All the documents submitted by the party concerned may be typed, or written

with fountain pen or brush pen as well, but the writing shall be neat and clear.

The paper shall be used only on one and single side.


Article 52


All the documents and relevant material submitted to the Office of the

Protection of New Varieties of Plants by the parties concerned may be sent

either by direct delivery or by mail in accordance with the Regulations and

these Rules. In case of mail, the postmark date shall be the date of submission.

Where the postmark date on the envelop is not clearly discernible, the date of

receiving the documents by the Office of the Protection of New Varieties of

Plants shall be the date of submission unless the parties concerned can
provide the proof. In accordance with the Regulations and these Rules, all the

documents and relevant material may be delivered to the parties concerned

either by direct delivery, or by mail or by way of publication. Where the parties

concerned entrust a representative agency, the documents and relevant

material shall be delivered to the said representative agency. Where no

representative agency is entrusted, the documents and relevant material shall

be delivered to the parties concerned. In case of direct delivery in accordance

with the Provision 2 of this Article, the date of submission shall be the date of

delivery; in case of mail, the 15th day as from the date of mailing the

documents and relevant material shall be regarded as the date of receiving the

documents and relevant material by the parties concerned; in case of delivery

by way of publication, the documents and relevant material shall be regarded

as having been delivered over two months as from the date of the publication.


Article 53


Where the terms prescribed in the Regulations and these Rules are counted

by year or by month, the corresponding date of the last month of the terms

shall be the date of the expiration of the terms. Where there is no

corresponding date of that month, the last date of the said month shall be the

date of the expiration of the terms. Where the date of the expiration of the

terms happens to be a legal public holiday, the first working day after the

holiday shall be the date of the expiration of the terms.
Article 54


Where the party concerned delays the terms prescribed in the Regulations or

these Rules due to force majeure or unexpected circumstances and therefore

it causes the forfeiture of the rights concerned, he may, within two months from

the date of eliminating the obstacles or within two year from the date of the

expiration of the terms at the latest, give reasons and provide the related proof

to the State Forestry Administration, requesting the latter to restore his rights

concerned.


Article 55


The filing date referred to in the Regulations and these Rules shall be the date

of the right of priority in case the right of priority is enjoyed.


Chapter 8


Fees and Bulletins


Article 56


In applying for variety rights, fee for application and fee for examination shall

be paid in accordance with the regulations concerned; fee for testing shall also

be paid in case the testing is needed. Annual fee shall be paid in case the

variety rights have been granted.
Article 57


Where the party concerned pays fees prescribed in Article 56 of these Rules,

he may directly pay to the Office of the Protection of New Varieties of Plants or

remit through the post office or banks, but not by telegraphic transfer. Where

fees are remitted via post office or banks, the filing number or the number of

variety rights, the name or denomination of the applicant or varieties rights

holder, the denomination of the fee and the denomination of the variety in the

respect of which the variety rights have been granted shall be indicated.

Where fees are remitted through the post office or banks, the date of

remittance shall be the date of payment.


Article 58


In accordance with Article 24 of the Regulations, any applicant may file he

application for variety right and pay the fee for the application at the same time,

he may pay within one month as from the date of receiving the notice of

payment as well. Where the fee is not paid or not paid enough within the time

limit, the application shall be regarded as having been withdrawn. In case the

testing fee is to be paid in accordance with the regulations concerned, the

payment shall be made within one month as from the date of receiving the

notice of payment. If the fees are not paid or not paid enough within the time

limit, the application shall be regarded as having been renounced.
Article 59


The annual fee for the first year shall be paid at time when the certificate for

variety rights is obtained. The annual fees afterwards shall be pre-paid within

one month prior to the expiration of the preceding year.


Article 60


Where any variety rights holder fails to pay in time the annual fees after the

first year by which the variety rights have been granted, or the paid amount is

not enough, the Office of the Protection of New Varieties of Plants shall notify

the variety rights holder concerned to pay the overdue fees within six months

as from the date of expiration of the due payment of the annual fees and at the

same time pay overdue fine, which is 25% of the annual fee.


Article 61


Where any party finds it difficult to pay part of the fees prescribed in Article 56

within 3 years as from the date of implementation of these Rules, the payment

may be reduced or delayed through the application of the party concerned and

with the approval by the State Forestry Administration.


Article 62


The State Forestry Administration shall regularly publish bulletins of the

protection of new plant varieties so as to announce the application, grant,
assignment, inheritance, cancellation of variety rights as well as other matters

concerned. The Office of the Protection of New Varieties of Plants shall make

available the register for variety rights, which registers the application, grant,

assignment, inheritance and cancellation of variety rights as well as other

matters concerned.


Chapter 9


Supplementary Provisions


Article 63


Where competent Forestry Departments at county level or above handle any

case of administrative penalty prescribed by the Regulations, the provisions of

the procedures for administrative penalty concerning forestry are applicable.


Article 64


The act concerning counterfeited variety rights referred to in the Regulations is

any of the following cases:


1) use counterfeited variety rights certificates and variety rights number;


2) use the certificate of variety rights, variety rights number or other marks of

variety rights in respect of which the variety rights have been cancelled or

declared null and void;
3) pass off the variety in respect of which the variety rights are not granted as

the variety in respect of which the variety rights are granted;


4) pass off this variety in respect of which the variety rights are granted as that

variety in respect of which the variety rights are granted; or


5) other act which is serious enough to cause other people to mistake the

varieties for the varieties in respect of which the variety rights are not granted

for the varieties in respect of which the variety rights have been granted.


Article 65


Where parties concerned have a dispute over the right of filing an application

for new plant variety or a dispute over the variety rights and have filed a suit

with the People' Court which has then accepted the case, they may present to

the State Forestry Administration a report attached with the certification

showing that the People's Court has accepted the case. The State Forestry

Administration shall take decision on suspension or cancellation.


Article 66


Any staff member who conducts examination and re-examination during the

procedures of the preliminary examination, the substantial examination,

re-examination and declaration of variety rights null and void shall withdraw of
his own accord and the parties concerned or the party having an interest

therein may request him to withdraw in any of the following cases:


1) he is a close relative of the parties concerned or their representative agents;


2) he has a direct interest in the application of variety rights or a direct interest

in the variety rights; or


3) he has other relations with the parties concerned or their representative

agents in respect of which a fair examination and adjudication may be affected.

The withdrawal of staff members who conduct examination shall be decided by

the Office of the Protection of New Varieties of Plants; the withdrawal of the

staff members of the Re-Examination Board shall be decided by the State

Forestry Administration; the staff members for examination and re-examination

shall not terminate their duty for examination prior to the approval of the

application for the withdrawal.


Article 67


With the consent of the Office of the Protection of New Varieties of Plants, any

person may consult or duplicate files of application for the variety rights and

the register for the variety rights, which have been published. In accordance

with the Regulations and these Rules, the material of application for variety

rights in respect of which the application has been regarded as being

withdrawn, or having been refused or regarded as being renounced, and the
material of variety rights which have been renounced, have been declared null

and void or have been cancelled shall be destroyed by the Office of the

Protection of New Varieties of Plants.


Article 68


For any change of the applicant for variety rights, the Office of the Protection of

New Varieties of Plants shall be approached to complete the procedures for

the change of the record items and provide the reasons for the change and

related proof.


Article 69


These Rules shall be interpreted by the Sate Forestry Administration.


Article 70


These rules shall enter into force as from the date of its promulgation.

				
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