Interpretation of Several Issues by the Supreme People's Court on the Trial of New Plant Species Right Dispute Cases

(Adopted on 25 December 2000 at the 1154th meeting of the Trial Committee of the Supreme People's Court, Fashi (2001) No. 5, promulgated on 5 February 2001 and enforced on 14 February 2001)

According to the relevant provisions of the “Civil Procedure Law of the People' Republic of China” and the “Administrative Procedure Law of the People' Republic of China,” the interpretation is hereby made as follows for the purpose of trial of new plant species right dispute cases according to the law:

Article 1

The new plant species right dispute cases accepted and tried by the people's court fall under the categories as follows:

(1) Cases involving disputes over whether a new plant species right issue shall be granted

(2) Cases involving disputes over declaring a granted new plant species right invalid or maintaining a new plant species right

(3) Cases involving disputes over the change of the name of a new plant for which a new plant species right has been granted

(4) Cases involving disputes over the execution of compulsory license

(5) Cases involving disputes over the execution of compulsory royalty

(6) Cases involving disputes over the right to apply for a new plant species

(7) Cases involving disputes over to which party a new plant species should belong

(8) Cases involving disputes arising from the transfer of a right to apply for a new plant species and the transfer of a new plant species right

(9) Cases involving disputes arising from new plant species infringement

(10) Cases involving dissatisfaction with the agricultural and forestry administrative agency at the provincial or a higher level on its punitive measure imposed according to its authority on an act of new plant species infringement

(11) Cases involving dissatisfaction with the agricultural and forestry administrative agency at the provincial or a higher level on its punitive measure imposed according to its authority on an act of passing off a granted plant species of another person

Article 2

When the people's court examines according to the law a lawsuit filed against the other party to the lawsuit regarding a new plant species right, as long as the conditions for filing a civil lawsuit or an administrative lawsuit prescribed in Article 108 of the “Civil Procedure Law of the People's Republic” or Article 41 of the “Administrative Procedure Law of the People's Republic” are met, the people's court shall accept such case.

Article 3

Cases which fall under (1) to (5) in Article 1 of this interpretation shall be tried by the Beijing Secondary High People's Court which is a court of first instance; cases which fall under (6) to (11) in the same article shall be tried by the intermediate people's court in the place where the people's government of a province, an autonomous region and a municipality directly under the Central Government is located or the people's court of first instance designated by the Supreme People's Court.

Article 4

Regarding a civil case of new plant species right infringement which comes under the jurisdiction of a people's court according to the action place of the right infringement, the action place of the right infringement thus referred to means a place where, without the consent of the right holder, the breeding materials of the said granted new plant species are produced and sold for the purpose of gaining commercial profits or the breeding materials of the said granted new plant species are repeatedly used to produce another type of plant species.

Article 5

In cases involving disputes over whether a new plant species right issue shall be granted, cases involving disputes over declaring a granted new plant species right invalid or maintaining a new plant species right, and cases involving disputes over the change of the name of a new plant for which a new plant species right has been granted, the New Plant Species Review Committee of the administrative department in charge shall be determined as the defendant; in cases involving disputes over the execution of compulsory license, the department in charge of examining and approving a new plant species shall be determined as the defendant; in cases involving disputes over the execution of compulsory royalty, the defendant shall be determined according to the items requested by the plaintiff and the parties to the lawsuit.

Article 6

In the trial of a case involving disputes over a new plant specie right, if during the debate period the defendant makes a request to the New Plant Species Review Committee of the administrative department in charge to invalidate the said new plant species right, in general, the people's court shall not suspend the lawsuit.