Supreme People's Court, Several Provisions on Issues Concerning Specific Application of the Law to Trials of Disputes over the Infringement of Rights in New Varieties of Plants

最高人民法院关于审理侵犯植物新品种权纠纷案件具体应用法律问题的若干规定

February 28, 2007 | BY

clpstaff &clp articles

Increased protection of intellectual property is given to developers of new plant varieties.

Clp Reference: 4300/07.01.12 Promulgated: 2007-01-12 Effective: 2007-02-01

Promulgated: January 12 2007
Effective: February 1 2007

Main Contents: According to the Provisions, if the propagating material of a protected plant variety is produced or sold for commercial purposes or if, for commercial purposes, the propagating material of a protected plant variety is additionally used to produce the propagating material of another variety without the permission of the variety rights holder, the people's court shall determine the same to be an infringement of the rights in the new variety of plant.

Related Legislation: PRC General Principles for Civil Law, Apr 121986; and PRC Civil Procedure Law (2nd Revision)

Full Analysis & Translation: See page 35

clp reference:4300/07.01.12prc reference:法释 [2007] 1 号promulgated:2007-01-12effective:2007-02-01

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