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Brief
description of the notified legal text
The main
revisions to the Seed Law of the People's Republic of China are as follows:
Enhancement
of new plant variety rights based on provisions from pertinent international
conventions:
1.
Establishment of a substantive system
for derived varieties. It is mandated that commercial exploitation of a
derivative variety, which is developed by modifying and improving the
breeding results of another, requires the consent of the original variety right
holder and the payment of royalties.
2.
Expansion of the protection scope and
links of new plant variety rights. This includes extending the protection
scope of new plant variety rights beyond the propagation material of the
authorized variety to include the harvest material and encompassing processing,
offering for sales, import, export, and storage for propagation within the
protection process.
3.
Increase of infringement compensation
to protect the legitimate rights and interests of new plant variety rights
holders.
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