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Anonymous users2024-02-081. Any person who infringes on the right to a new plant variety shall bear civil, administrative and even criminal liability. 2. Infringement includes: 1. Producing or selling propagating materials of plant varieties for commercial purposes without the permission of the right holder; 2. Counterfeit authorized varieties.
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Anonymous users2024-02-07Legal analysis: 1. The new plant variety for which the variety right is applied shall belong to the genus or species of the plant listed in the national plant variety protection list.
2. The new plant variety for which variety rights are granted shall be novel.
3. The new plant variety for which variety rights are granted shall be consistent, that is, the new plant variety for which the variety right is applied for shall be propagated and have the same relevant characteristics or characteristics, except for foreseeable variations.
4. The new plant variety for which variety rights are granted shall be stable, that is, the relevant characteristics or characteristics of the new plant variety for which the variety right is applied shall remain unchanged after repeated propagation or at the end of a specific breeding cycle. 5. A new plant variety for which variety rights are granted shall have an appropriate name and be distinguished from the name of a known variety of the same or similar plant genera or species.
Legal basis: Article 25 of the Patent Law of the People's Republic of China shall not grant a patent right for the following items:
a) scientific discoveries;
b) rules and methods of intellectual activity;
3) Diagnosis and method of disease;
iv) animal and plant varieties;
v) substances obtained by the nuclear transformation method;
6) The design of the pattern, color or combination of the two of the graphic printed matter that mainly plays the role of identification.
A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.
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Anonymous users2024-02-06Legal Analysis: Infringement of new plant varieties requires tort liability. According to the provisions of the law, if the actor infringes on the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability, and if the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.
Legal basis: Civil Code of the People's Republic of China
Article 165: Where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
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Anonymous users2024-02-05Infringement of new plant varieties entails tort liability. According to the law, if the actor infringes on the civil rights and interests of others due to his fault and causes damage, the infringed party shall bear tort liability, and if the tortious act endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
Rice, wheat, vegetables, woods, urban forest landscapes.
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Hello, every country in the world has its own laws, and the violation of killing the violator in Thailand is also punished, but it will not be too serious, thank you.
I. Introduction.
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