Chapter 1 General Provisions Article 1 In order to protect and rationally utilize germplasm resources, standardize variety selection, seed production, operation and management behaviors, strengthen scientific and technological research in the seed industry, encourage breeding innovation, and protect new plant varieties This law is formulated to protect the legitimate rights and interests of seed producers, traders, and users, improve seed quality, develop the modern seed industry, ensure national food security, and promote the development of agriculture and forestry. Article 2 This Law shall apply to activities such as variety selection, seed production, operation and management within the territory of the People's Republic of China.
The term “seeds” as mentioned in this Law refers to the planting materials or propagation materials of crops and forest trees, including grains, fruits, roots, stems, seedlings, buds, leaves, flowers, etc. Article 3 The competent departments of agriculture, rural areas, and forestry and grassland of the State Council are respectively responsible for the work of crop seeds and forest seeds nationwide; the competent departments of agriculture, rural areas, and forestry and grasslands of local people's governments at or above the county level are respectively responsible for the work of crop seeds and forest seeds within their respective administrative regions.
People's governments at all levels and their relevant departments should take measures to strengthen seed law enforcement and supervision, and punish illegal seed acts that infringe on farmers' rights and interests in accordance with the law. Article 4 The state supports the protection of germplasm resources and the selection, production, renewal, promotion and use of improved varieties, encourages the combination of variety selection and seed production and operation, and rewards achievements in the protection of germplasm resources and the selection and promotion of improved varieties. Significant units and individuals. Article 5 People’s governments at or above the provincial level shall formulate seed industry development plans and organize their implementation in accordance with the policy of promoting agriculture through science and education and the needs of agricultural and forestry development. Article 6 People's governments at or above the provincial level shall establish a seed reserve system, which shall be mainly used for production needs and surplus and shortage adjustments in the event of disasters, and to ensure the safety of agricultural and forestry production. Reserved seeds should be regularly inspected and updated. Specific measures for seed reserve shall be stipulated by the State Council. Article 7 The selection, testing, approval and promotion of genetically modified plant varieties shall be subject to safety evaluation and strict safety control measures shall be adopted. The competent departments of agriculture, rural areas, forestry and grassland under the State Council should strengthen follow-up supervision and promptly announce information on the approval and promotion of genetically modified plant varieties. Specific measures shall be prescribed by the State Council. Chapter 2 Protection of Germplasm Resources Article 8 The state protects germplasm resources in accordance with the law, and no unit or individual may appropriate or destroy germplasm resources.
It is prohibited to collect or harvest natural germplasm resources under key national protection. If collection or felling is required due to special circumstances such as scientific research, it must be approved by the competent departments of agriculture, rural areas, forestry and grassland of the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Article 9: The state conducts a planned census, collection, sorting, identification, registration, preservation, exchange and utilization of germplasm resources, focusing on the collection of rare, endangered, unique resources and characteristic local varieties, and regularly publishes a catalog of available germplasm resources. Specific measures shall be stipulated by the competent department of agriculture, rural areas, forestry and grassland under the State Council. Article 10 The competent department of agriculture, rural areas, forestry and grassland under the State Council shall establish a germplasm resource bank, a germplasm resource protection zone or a germplasm resource protection area. The departments in charge of agriculture, rural areas, forestry and grassland of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish germplasm resource banks, germplasm resource reserves, and germplasm resource protection areas as needed. The germplasm resources in the germplasm resource bank, germplasm resource reserve, and germplasm resource protection area are public resources and are open to use in accordance with the law.
Any occupation of a germplasm resource bank, germplasm resource protection zone or germplasm resource protection land requires the consent of the original establishment authority. Article 11 The state enjoys sovereignty over germplasm resources. Any unit or individual that provides germplasm resources overseas, or conducts cooperative research and utilization of germplasm resources with overseas institutions or individuals, must report to the State Council's department in charge of agriculture, rural areas, forestry and grassland for approval, and at the same time submit a plan for the country to enjoy the benefits. . The department in charge of agriculture, rural areas, forestry and grassland of the State Council may entrust the department in charge of agriculture, rural areas, forestry and grassland of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government to receive application materials. The department in charge of agriculture, rural areas, forestry and grassland under the State Council shall notify the department in charge of ecology and environment under the State Council of the approval status.
Introducing germplasm resources from abroad shall be handled in accordance with the relevant regulations of the agriculture, rural, forestry and grassland authorities of the State Council. Chapter 3 Variety Selection, Approval and Registration Article 12 The state supports scientific research institutes and colleges and universities to focus on basic, cutting-edge and applied technology research on breeding and biological breeding technology research, and supports the breeding of conventional crops and major afforestation tree species. and the selection and breeding of asexual propagation materials and other public welfare research.
The state encourages seed companies to make full use of public welfare research results to cultivate excellent varieties with independent intellectual property rights; encourages seed companies to build technology research and development platforms with scientific research institutes and universities to carry out research on major food crops and important economic projects. To tackle key crop breeding issues, establish a market-oriented technological innovation system for the seed industry that combines industry, academia, and research with the most shared benefits and the most risk-taking.
The state strengthens the construction of scientific and technological innovation capabilities in the seed industry, promotes the transformation of scientific and technological achievements in the seed industry, and safeguards the legitimate rights and interests of scientific and technological personnel in the seed industry. Article 13: Breeding invention patent rights and new plant variety rights formed with the support of fiscal funds, except those involving national security, national interests and major social public interests, shall be obtained by the authorized project holder in accordance with the law.
The transfer and licensing of breeding results mainly supported by financial funds should be conducted publicly in accordance with the law, and private transactions are prohibited.