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Implementing Rules for the Regulations for the Protection of New Varieties of Plants (Forest Part)(1999.6.19)

Promulgated by the State Forestry Administration on 16 June 1999

 

Chapter I  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 II  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 III  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 IV  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 V  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 VI  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 VII  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.

 

VIII  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 IX  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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