1. What are the national regulations on the research and development of new plant varieties?
A: The state implements a system for the protection of new plant varieties. Wild plants that have been artificially propagated or discovered and listed in the national plant variety protection list have been improved, with novelty, specificity, consistency, stability and proper naming. The competent departments of agriculture, rural areas, forestry and grassland in the State Council shall grant the right to new plant varieties and protect the legitimate rights and interests of the owners of new plant varieties.
2. Can a new plant variety be granted multiple new plant variety rights?
A: No, the Seed Law stipulates that a new plant variety can only be granted the right to a new plant variety.
3. What should I do if two or more applicants apply for new plant variety rights for the same variety?
A: The right to new plant varieties is granted to the first applicant; At the same time, the right to new plant varieties is granted to the person who first completes the breeding of this variety.
4. Can the same plant variety use multiple names when applying for new variety protection, variety approval, variety registration, promotion and sales?
A: No, the Seed Law stipulates that the same plant variety can only use the same name when applying for new variety protection, variety approval, variety registration, promotion and sales.
5. Which names shall not be used for naming authorized varieties?
Answer: (1) is only represented by numbers; (2) Violating social morality; (3) It is easy to misunderstand the characteristics of new plant varieties or the identity of breeders.
6. What rights does the owner of the new plant variety enjoy to its authorized variety?
A: The owner of a new plant variety enjoys the exclusive right to its authorized variety. Without the permission of the owner of the new plant variety, no unit or individual may produce, propagate, process and propagate, promise to sell, sell, import, export or store the propagating materials of the authorized variety for the above-mentioned acts, and may not use the propagating materials of the authorized variety for commercial purposes and then use them to produce the propagating materials of another variety. Except as otherwise provided by laws and administrative regulations.
7. What is a substantial derivative?
A: A substantially derived variety refers to a variety that is substantially derived from the original variety, or a variety that is substantially derived from the original variety. It is obviously different from the original variety, except for the differences in traits caused by derivation, and it is the same as the original variety in expressing the basic traits produced by the genotype or genotype combination of the original variety.
8. Is it necessary to obtain the consent of the owner of the new variety right of the original variety of plants when producing and selling substantive derivative varieties?
A: Yes.
9. Under what circumstances can an authorized variety be used without the permission of the owner of the new plant variety and without paying the use fee?
A: (1) Use authorized varieties for scientific research activities such as breeding; (2) Breeding materials of authorized varieties for farmers' own use.
10. Under what circumstances can the competent departments of agriculture, rural areas, forestry and grassland in the State Council make a decision on compulsory licensing of new plant variety rights?
A: For the national or social interests, the competent departments of agriculture, rural areas, forestry and grassland in the State Council can make a decision on compulsory licensing of new plant variety rights.
1 1. What are the solutions to the dispute over infringement of new plant variety rights?
A: If there is any infringement of the right to new plant varieties, it shall be settled by the parties concerned through consultation. Unwilling to negotiate or negotiation fails, the owner or interested party of the new plant variety may request the competent department of agriculture, rural areas, forestry and grassland of the people's government at or above the county level to deal with it, or bring a lawsuit directly to the people's court.
12. how to determine the amount of compensation for infringement of the right to new plant varieties?
A: The amount of compensation for infringement of the right to new plant varieties is determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer. If it is difficult to determine the loss of the obligee or the interests of the infringer, it can be reasonably determined by comparing the multiples of the license fee of the new plant variety right. Intentional infringement of the right to new plant varieties, if the circumstances are serious, can be determined in accordance with the above methods more than one time and less than five times the amount of compensation.
If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the license fee of the new plant variety right, the people's court may determine compensation of less than 5 million yuan according to the types of the new plant variety right, the nature and circumstances of the infringement, etc. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.