Key practical points:
• The right is granted to a new, distinct, uniform, stable variety bearing a suitable denomination.
• The holder controls the commercial production and sale of propagating material of the protected variety.
• Protection lasts 20 years for trees and vines and 15 years for other plants from the grant date.
• Farmers may use saved harvested material for their own planting within certain limits (farmer's privilege).
• Use for research and breeding to create a new variety is generally allowed without permission.
• Applications go to the competent agricultural or forestry authority depending on the plant type.
💡 Intellectual property
Regulations on the Protection of New Varieties of Plants · Yalla China
中华人民共和国植物新品种保护条例 / Regulations on the Protection of New Varieties of Plants
Enacted: 1997-03-20 ✅ Effective: 1997-10-01
📝 Overview
A regulation granting plant breeders an exclusive right over new plant varieties, similar to a patent in agriculture. The variety must be new, distinct, uniform and stable. It matters to farmers, seed companies and researchers.
This is general information only, not legal advice. For your specific case, consult a licensed lawyer.
📜 The law text / key provisions
💬 Practical reading
💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
If you work in agriculture or seeds, a new variety you develop can be protected so others cannot propagate and sell it without permission. Conversely, if you grow someone else's protected variety, mind the rules on re-use. General orientation, not legal advice.
📎 Official source
Ministry of Agriculture and Rural Affairs / moa.gov.cn
🕒 Updated: 16 March 2026