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Report No.231104
Vol.23 No.11 August 2006


NEWS

- International -

China Erects Information Centers for Breeder's Right of New Varieties

On the problem of suspected infringement of Japanese plant breeders' right arising from market circulation of carnation and large and middle-size flowered chrysanthemum grown in China, Chinese government appealed their posture to enforce appropriate regulation saying "any fact of infringement of the right be please filed with China's court (according to Chinese department of agriculture)." They also revealed their intention to set up, in the future, information centers at 50 places in the country to receive information about infringement of intellectual property. These were some of the things shared with a joint government-and-private sector delegation for the protection of Japanese intellectual property, which visited China during the second week of June. 

The delegation was composed of the Japan External Trade Organization, private sector associations as well as the related government ministries and agencies. For the agriculture sector, the Ministry of Agriculture, Forestry and Fisheries (MAFF), business associations of seeds and seedling and of agricultural chemicals were represented.

The delegation visited Chinese government ministries and agencies from June 4 to 8. On agriculture, the delegation raised a case of Chinese grown carnation detected in Japan in May, of which the Japanese breeders' right is suspected to have been infringed, and sought that such infringement is brought under strict control. 

In reply, the Chinese government told the delegation that, of the 460 cases of complaints filed with Chinese courts up to FY2005 for breach of plant breeders' right, 90% had completed court proceedings and underlined that as far as the varieties for which the breeders' right has been acquired in China, "such cases are under appropriate control with no discrimination regardless of whether they are products of domestic or foreign origin." They advised that such cases be filed with state level court as these matters are handled at the level of state, which is equivalent of prefectures in Japan, according to an official at the Agricultural Production Bureau of MAFF. 

Further, on the patent violation and marketing of copied agricultural chemicals, which the Japanese side raised also as problems, the Chinese government revealed concrete steps they would take by saying "it will be the policy in the future to make sure at the time of registration of chemicals that no patent violation is involved, and with regard to agricultural chemicals already on market in breach of patent, there shall be no renewal of registration."

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