Application for Plant Variety Right (PVR) in China

China Smart is now an officially recognized agency eligible for representing domestic and international breeders for filing applications in China. Please do not hesitate to contact us if you have any questions at info@chinasmartip.com.

 

Notes for Applicants

 

1. The new plant variety to be granted a PVR (hereafter referred to as the new plant variety) shall belong to the genus or species of plants listed in the National Plant Variety Protection Lists.

(the 1st to the 10th published lists:

http://www.nybkjfzzx.cn/Detail.aspx?T=AT&I=260&N=41&ID=e51698f4-ff68-4171-b9c7-2468739e5ff5; and

the 11th and newest published list:

http://www.nybkjfzzx.cn/Detail.aspx?T=AT&I=5990&N=41&ID=d29c1771-304d-479d-91dc-17821e84341d, from the Ministry of Agriculture; and

the published lists from the Ministry of Forestry: http://www.cnpvp.net/root/icataview.aspx?id=24).

 

2. The new plant variety shall possess novelty, distinctness, consistency and stability, and be duly named, wherein:

Novelty means that the propagation material of the new plant variety (i) has not been marketed prior to the application date, or (ii) has been marketed with the agreement of the breeder within the territory of China for less than 1 year; or (iii-a) less than 6 years for the propagation material of vines, forest trees, fruit trees and ornamental trees or (iii-b) less than 4 years for the propagation material of other plant varieties, that have been marketed outside the territory of China;

Distinctness means that the new plant variety shall be clearly distinguishable from any other plant varieties known prior to the application date;

Consistency means that the new plant variety shall be consistent, except for variation that may be expected, in its relevant characteristics or identity after propagation; and

Stability means that the new plant variety shall remain true to its relevant characteristics or identity after repeated propagation or at the end of a particular cycle of propagation.

 

3. The applicant shall submit an application and specification conforming to the prescribed forms as well as a photograph of the new plant variety to the relevant authorities, and the specification shall include the following contents:

(1) the tentative name of the new plant variety, and the Chinese and Latin names of the genus or species to which the new plant variety belongs;

(2) the breeding procedure and method,;

(3) description of the sales situation;

(4) the closest plant variety as selected and reasons for the selection;

(5) detailed description of the specificity, consistency and stability of the new plant variety;

(6) description of the area or environment suitable for growth and cultivation of the new plant variety; and

(7) comparison of traits of the new plant variety and the closest plant variety.

 

Application Procedure

Filing an application --> Acceptance of the application --> Preliminary examination --> Substantive examination --> Grant of title

 

Once the relevant examination authority considers that the examination results are satisfactory and that all the other requirements have been fulfilled, it grants a PVR for a period of 20 years for vines, forest trees, fruit trees and ornamental plants and 15 years for other plants, counted from the date of grant.

 

Important News

From April 1, 2017, there is no application fee, examination fee, or annual fee for the newly accepted plant variety applications.