The interpretation of "the Supreme People's Court on Several Issues concerning the trial of cases of disputes over the new varieties of plants in the Supreme People's Court on December 25, 2000 the 1154th meeting of the judicial committee of the. Is hereby promulgated, since February 14, 2001 will come into effect.
In February 5, 2001
Interpretation of the Supreme People's Court on Several Issues concerning the trial of cases of disputes over the new varieties of plants
(in December 25, 2000, the Supreme People's court trial committee of the 1154th meeting of the law interpretation (2001) No. 5)
To accept the case according to law and trial of cases of disputes over the new varieties of plants, according to the "PRC Civil Procedure Law of the people's Republic of China", "administrative procedure law" of the relevant provisions, the relevant issues are explained in the following:
Article 1 the people's court accepted the new plant variety disputes mainly include the following:
(a) whether it should be granted the right of new plant varieties of dispute cases;
(two) announcement granted plant variety right invalid or upholding the new plant variety right disputes;
(three) new plant varieties rights granted variety renamed dispute case;
(four) the implementation of compulsory licensing dispute case;
(five) the implementation of compulsory licensing fees dispute case;
(six) the new plant variety right to apply dispute case;
(seven) the right of the new plant variety right ownership dispute case;
(eight) the transfer of the right to apply for new varieties of plants and the transfer of the new plant variety right disputes;
(nine) the new plant variety right infringement dispute case;
(ten) is not satisfied with the above the provincial level agricultural, forestry administrative departments according to their respective functions and powers of the rights to new plant varieties
Punishment dispute case;
(eleven) is not satisfied with the management of forestry administrative department at or above the county level on the basis of agriculture, power of the counterfeit variety at
The punishment of disputes.
Article second the people's court in accordance with the law review of the parties involved in the new plant variety right of prosecution, as long as consistent with the "PRC Civil Procedure Law" 108th, "the people's Republic of China Administrative Procedure Law" provisions of article forty-first of the civil or administrative cases prosecuted conditions, shall be accepted according to law.
Article third the interpretation of the first listed in article (1) to (five) cases, by the Beijing second intermediate people's court as the people's Court of first instance trial; Article (six) to (eleven) cases, the intermediate people's court and the Supreme People's court location specified by the provinces, autonomous regions and municipalities directly under the central government, of the people the government as the people's Court of first instance trial.
Fourth to determine the jurisdiction of a people's court tort violations of the new plant variety right of civil cases, the alleged infringements, refers to the variety right all people without permission, to breed new varieties of commercial materials production and sales of the authorized purpose of the plant is located, the breeding materials located breeding materials or the authorized varieties will be repeatedly used in the production of other variety.
Fifth about whether it should be granted plant variety rights dispute case, proclaimed the new plant variety granted plant variety rights invalid or upholding the new plant variety right dispute cases, granting variety rights disputes should be renamed, to the administrative authority of new plant variety Review Committee for the defendant; on the implementation of compulsory licensing Dispute Case NEW varieties of plants, shall be subject to the examination and approval authority for the defendant; on compulsory licensing fees dispute cases shall be determined according to the plaintiff, the defendant requested items and the prosecution of the parties.
Sixth People's court to adjudicate disputes the right of new plant variety, the defendant in reply within the administrative authority of new plant variety Review Committee requested invalidation of the new plant variety right, the people's courts generally do not suspend litigation.
