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加强品种权保护 激励育种创新(美丽中国)——司法部、农业农村部负责人就《中华人民共和国植物新品种保护条例》修订答记者问
Ren Min Ri Bao· 2025-05-05 21:52
Core Viewpoint - The revised "Regulations on the Protection of New Plant Varieties of the People's Republic of China" will take effect on June 1, aiming to enhance the protection of plant varieties and promote innovation in the seed industry [1]. Group 1: Background and Purpose - The revision is driven by the central government's emphasis on seed industry innovation and the need to ensure national food security through the cultivation of high-quality varieties with independent intellectual property rights [2]. - The existing regulations were established in 1997, with significant updates made in 2015 and 2021 to improve the protection of new plant varieties [2]. Group 2: Overall Approach - The revision adheres to the leadership of the Party in plant variety protection, aligns with the updated Seed Law, and aims to enhance the protection level while promoting innovation in the seed industry [3]. Group 3: Enhancements in Protection Level - The revised regulations expand the scope of rights to include harvested materials and extend the protection to derivative varieties and similar varieties that do not have significant differences from authorized varieties [4]. - The protection period for woody and vine plants has been extended from 20 years to 25 years, while other plants will see an extension from 15 years to 20 years [5]. Group 4: Stricter Conditions for Granting Rights - The regulations stipulate that plant varieties that violate laws or harm public interests will not be granted rights, and newness will be lost if a variety has been widely disseminated or has not applied for rights within two years of approval [7]. Group 5: Application and Authorization Procedures - The initial review period for variety rights applications has been shortened from 6 months to 3 months, with a possible extension for complex cases [9]. - The management of applications for rights abroad has been centralized to the State Council's agricultural departments, ensuring compliance with regulations on providing germplasm resources [9]. Group 6: Implementation and Support - The Ministry of Agriculture and Rural Affairs will collaborate with relevant departments to promote the implementation of the revised regulations, enhance public understanding, and improve the legal framework for plant variety protection [10].