Trademark law

Application and duration of the rights in new varieties of plants

The new variety of plant means a cultivated variety, or a developed one based on a discovered wild plant, which possesses novelty, distinctness, uniformity and stability, and which is designated by an adequate denomination. The rights in new varieties of plants include the exclusive right, the assignment right, the offers to assign right and the identification right. The application of the rights in new varieties of plants shall be filed to the Administrative Departments of Agriculture and Forestry of the People’s Governments. And the rights in new varieties of plants could be gained after the examination, approval, registration and publication of the Administrative Departments of Agriculture and Forestry of the People’s Governments. The term of protection of a variety right，counted from the date of grant thereof，shall be 20 years for vines，forest trees，fruit trees and ornamental plants and 15 years for other plants.