Material Requirements

Requirements of Submission of Propagation Material Samples

 

1. Submission notifications

The applicant or the variety right holder shall submit the propagating materials in accordance with requirements of ‘Notification for submission propagating material ’ or ‘Notification for re-submission propagating material’.

 

2. Submission places

The Storage Center of the Propagating Material, the Office for the Protection of New Varieties of Plants, MOA, P.R.China (hereinafter referred to as the Storage Center) is responsible for receiving, testing and storage of the seed propagating materials; The DUS testing centre or sub-centre assigned by the Ministry of Agriculture is responsible for receiving, testing and storage of the vegetatively propagating materials.

 

The Storage Center of the Propagating Material, the Office for the Protection of New Varieties of Plants, MOA, P.R.China

Address: No. 12 South Street, Zhongguancun, Beijing 100081, Storage Centre for New Varieties of Plants (the National Crop Germplasm Preservation Center, Institute of Crop Science, Chinese Academy of Agricultural Sciences)

Tel & fax: +86-10-62132421

 

3. Submission date

The applicant shall, within three months from the date of receipt of the notification from the Office for Protection of New Varieties of Plants, MOA, P.R.China (hereinafter referred to as the PVP Office), furnish the propagating materials. Where the propagating materials are in the form of seed, they shall be sent to the storage centre. Where vegetatively propagating materials such as seedlings, bulbs, tubers and roots are concerned, they shall be sent to the testing stations designated by the Office for Protection of Varieties.

 

4. Requirements for Samples 

4.1 Clear identification and good packaging

Each sample should be attached with clear identification as follows:

——a copy of ‘Notification for submission propagating material’ or ‘Notification for re-submission propagating material’ .

——Where a variety in respect of which an application for variety right is filed as a genetically modified variety, the applicant shall furnish a copy of the Safety Examination and Approval Certificate of Agricultural Genetically Modified Organism or the Safety Certificate for Agricultural Genetically Modified Organism (for productive use) that are issued at the stage of test production.

——Seed labels: Seed labels should be printed and kept in waterproof and moisture-proof pockets. label content includes: genus or species, variety name, application No., harvest year, 1000-grain weight, applicant or holder of variety right, contact persons and their telephone number etc. Each sample should be packaged properly. The packaging material should be solid and firm to prevent loose, admixture and moisture etc.

 

4.2 Quantity and quality

Referring to ‘Quantity and quality requirements for submission of the propagating materials’

The propagating materials submitted by applicants or holders of variety right shall be supplied for DUS test and infringements settlement of the variety rights. Sufficient quantity of the propagating materials should be submitted in one time according to the requirements.

 

4.3 Other Requirements

4.3.1 Free from any accidental damage.

4.3.2 Free from any chemical treatment, such as seed coating.

4.3.3 Free from quarantinable and harmful organisms. The propagating materials shall be subject to plant quarantine in accordance with the relevant provisions. Those found unacceptable upon quarantine or not have been quarantined shall be refused by the Storage Centre or the testing institutions.

4.3.4 Where the propagating materials submitted are seeds or fruits, the seeds or fruits shall be those that are recently harvested.

 

5. Sample Receiving and Testing Treatments

5.1 The Storage center shall have a preliminary examination of the seeds quantity and appearance quality upon receipt of the propagating materials. Where the seeds accorded with the relevant provisions, the Storage Centre shall issue a written note of acceptance. Where the seeds not accorded with the relevant provisions, such as  with insufficient quantity or seed coating, chemical treatments etc., the Storage Centre shall refuse to receive the seeds and issue a written unacceptable note.

5.2 The Storage Centre shall issue a written note of acknowledgement upon receipt of the propagating materials furnished by the applicant, and shall finish the testing and examination on viability and other items within 20 work days (except for plants with  dormancy ) from the date of receipt of the propagating materials.

5.3 Where the propagating materials are found unacceptable upon examination, the Storage Centre shall notify the applicant to furnish again the propagating materials. If no eligible propagating material for provision at the time, please contact with examiner and process relevant procedures. Where the qualified propagating material, applicant shall not re-furnish.

5.4 Applicants may call the receiving center or search the result of receiving and testing in internet if having not received formal notification within two months. If any agency is appointed for application, please contact your agency.

 

6. Treatments of Unqualified Samples

Where the propagating materials are found unacceptable upon examination in conditions of unqualified quality of germination rate and clean seed rate, without a qualification conclusion upon quarantine or certificate of plants quarantine, or being mingled or unidentified due to package and label damage, the applicant shall take back the materials within one month from the date of receipt of the notification. Applicant shall contact the Storage Centre before taking back the said propagating materials and provide certificate of his or her work units, ID, applicant’s commission when substituting for applicant. Where the applicant fails to take back the materials that are unacceptable before the expiration of the time limit, the Storage Centre or the testing institution shall destroy the said materials.

 

7. Special notes

Applicants fail to furnish the propagating material according to ‘Notification of acceptance of  propagating material’ or ‘Notification for re-submission propagating material’ within the time limit will result in the consequent treatments of application for rights over the variety as withdrawal or lapse of the variety rights.