MySheen

The revised draft of the seed Law strikes at the chaos of infringement.

Published: 2024-11-06 Author: mysheen
Last Updated: 2024/11/06, The sale of modified cars requires the consent of the original owner to introduce the concept of substantial derivative varieties into the draft. Substantially derived varieties are varieties derived from the original varieties. The draft stipulates that substantially derived varieties can apply for and obtain new plant variety rights, but produce and reproduce them.

"selling modified cars" requires the consent of "original owners"

The draft introduces the concept of "substantive derivative variety". A substantially derived variety is a variety derived from the original variety. The draft stipulates that a substantially derived variety may apply for and obtain a new plant variety right, but the consent of the owner of the original plant new variety right shall be obtained for its production, reproduction or sale.

The number of approved varieties of major crops has decreased.

The draft reduces the number of approved varieties of major crops. The main crops have been reduced from 28 to 5 kinds of rice, wheat, corn, cotton and soybeans. The draft stipulates that for seed enterprises that combine breeding, production and management and meet the legal conditions, if they need to examine and approve the varieties developed independently, they may complete the test on their own in accordance with the examination and approval measures.

Establish a registration system for non-major crop varieties

In order to protect the legitimate rights and interests of breeders and maintain the order of fair competition in the variety market, the draft stipulates that the competent department of agricultural administration under the State Council shall issue a registration list of non-major crops, and the varieties listed in the registration list shall apply for registration and announcement before popularization, in order to enter the market operation and promotion. As a result, the spread of the phenomenon of "more than one product" is put an end to from the source.

Foreigners' access to Chinese germplasm resources will be restricted

In order to prevent the loss of excellent germplasm resources, the draft stipulates that cooperative research and utilization of germplasm resources with foreigners, foreign enterprises or other foreign organizations shall be subject to the approval of the administrative department of agriculture and forestry under the State Council. Occupation of germplasm resources banks, germplasm resources reserves or germplasm resources conservation sites shall be subject to the consent of the original establishment organ.

 
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