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Position：Home > Others > Regulations on Administrative Protection of Agricultural Chemical Products (1992) |
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| Regulations on Administrative Protection of Agricultural Chemical Products (1992) |
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| (
Approved by the State Council of People' s Republic of China on December
26, 1992 and
Promulgated by Decree No. 7 of the Ministry of Chemical Industry on
December 26, 1992 )
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Chapter
I General Provisions
Article
1. These
Regulations are enacted with a view to expanding economic and technological
cooperation and exchange with foreign countries, providing administrative
protection to the lawful rights and interests of the owners of the
exclusive right of foreign agricultural chemical products.
Article
2. The
"agricultural chemical products", as mentioned in these Regulations,
refers to chemical synthetic pesticides used in agricultural production,
they are herbicides, insecticides, fungicides, raticides and plant
growth regulators produced by means of chemical synthesis.
Article
3. Enterprises
and other organizations and individuals from the country or the region,
which has concluded bilateral treaty or agreement with the People'
s Republic of China on administrative protection of agricultural chemical
products, may apply for administrative protection of agricultural
chemical products in accordance with these Regulations.
Article
4. The
competent authorities of chemical industry under the State Council
receives and examines applications for administrative protection of
agricultural chemical products, grants administrative protection to
the agricultural chemical products which conform with the provisions
of these Regulations, issues the certificates for administrative protection
to the applicants.
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Chapter
II Application for Administrative
Protection
Article
5. An
agricultural chemical product which applies for administrative protection
shall meet the following requirements:
1) was not subject to protection by exclusive rights in accordance
with the provisions of the China's Patent Law prior to January 1,
1993;
(2) is subject to an exclusive right to prohibit others from making,
using or selling it in the country to which the applicant belongs,
which was granted after January 1, 1986 and before January 1, 1993;
(3) has not been marketed in China prior to the date of filing the
application for administrative protection.
Article
6. The
right of applying for administrative protection of an agricultural
chemical product belongs to the owner of the exclusive right of
the agricultural chemical product.
Article
7. Where
an owner of the exclusive right of a foreign agricultural chemical
product applies for administrative protection, he or it shall appoint
an agency designated by the competent authorities of chemical industry
under the State Council to act as his or its agent.
Article
8. An
applicant shall provide the following documents both in Chinese
and the original language:
(1) an application for administrative protection of the agricultural
chemical product;
(2) a copy of the certificate issued by the competent authorities
of the country to which the applicant belongs granting such exclusive
right;
(3) a copy of the document issued by the competent authorities of
the country to which the applicant belongs for the approval for
manufacturing and/or of sale of the such agricultural chemical products;
(4) a copy of a contract for the manufacture and/or sale formally
entered into between the applicant and a Chinese enterprise as legal
person (including foreign capital enterprises, Chinese-foreign joint
venture enterprises, or Chinese-foreign cooperative enterprises),
with respect to the manufacture and/or sale of the agricultural
chemical product in China.
Article
9. Before
or after applying for the administrative protection, the owner of
the exclusive right of a foreign agricultural chemical product shall
apply to the competent authorities of agriculture under the State
Council for going through the registration procedures.
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Chapter
III Examination and Approval
of Application for Administrative Protection
Article
10. Within
15 days from the date of receipt of the application documents
for administrative protection, the competent authorities of chemical
industry of the State Council, upon preliminary examination, shall
make the following decisions according to their specific circumstances:
(1) where the application documents are in conformity with the
provisions of Article 8 of these Regulations, issue the notification
of acceptance and announce it;
(2) where the application documents are not in conformity with
the provisions of Article 8 of these Regulations, request the
applicant to complement within a definite time; if the time limit
for making complement is not met, the application shall be deemed
to have not been filed.
Article
11. The
competent authorities of chemical industry under the State Council
shall finish the examination within six months, from the date
of receipt of the application documents, or from the date of receipt
of the complementary documents stipulated in Article 10 (2) of
these Regulations, if, under special circumstances, the examination
can not be finished within six months, the competent authiorities
of chemical industry under the State Council shall promptly notify
the applicant, inform the reason and properly prolong the examination
time.
After examination, where the application is in conformity with
the provisions of these Regulations, administrative protection
shall be granted; where the application is not in conformity with
the provisions of these Regulations, no administrative protection
shall be granted and the applicant shall be informed of the reason.
Article
12. Where
an agricultural chemical product is granted with administrative
protection, the competent authorities of chemical industry under
the State Council shall issue the certificate for administrative
protection and make an announcement.
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Chapter
IV Duration, Cessation,
Revocation and Effect of Administrative Protection
Article
13. The
term of administrative protection begins from the date on which
the certificate for administrative protection of an agricultural
chemical product is issued and remains in force for seven years
and six months.
Article
14. The
owner of the exclusive right of a foreign agricultural chemical
product shall pay an annual fee beginning with the year in which
the certificate for administrative protection of the agricultural
chemical product is issued.
Article
15. In
any of the following cases, administrative protection shall
cease before the expiration of its duration:
(1) where the exclusive right of an agricultural chemical product
had been invalid or had lost efficacy in the country to which
the applicant belongs;
(2) where the owner of the exclusive right of an agricultural
chemical product does not pay an annual fee as prescribed;
(3) where the owner of the exclusive right of an agricultural
chemical product abandons the administrative protection by a
written declaration;
(4) where the owner of the exclusive right of an agricultural
chemical product does not apply to the competent authorities
of agriculture under the State Council for going through the
registration procedures within a year from the date on which
the certificate for administrative protection of the agricultural
chemical product is issued.
Article
16. Where,
after the certificate for administrative protection of an agricultural
chemical product has been issued, any organization or individual
thinks that the grant of administrative protection to the subject
product is not in conformity with the provisions of these Regulations,
it or he may request the competent authorities of chemical industry
under the State Council to revoke the administrative protection
of the subject product; Where the owner of the exclusive right
of the subject product is not satisfied with the revocation
decision made by the competent authorities of chemical industry
under the State Council, it or he may institute legal proceedings
in the people's court.
Article
17. The
cessation or revocation of administrative protection of an agricultural
chemical product shall be announced by the competent authorities
of chemical industry under the State Council.
Article
18. Where
there is any manufacture or sale of an agricultural chemical
product that with no authorization of the owner of the exclusive
right of the agricultural chemical product who has obtained
administrative protection, the owner of the exclusive right
of the agricultural product may request the competent authorities
of chemical industry under the State Council to stop the infringing
act; if the owner of the exclusive right of the agricultural
chemical product requests for economic compensation, he or it
may institute legal proceedings in the people' s court.
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Chapter
V Supplementary Provisions
Article
19. The
competent authorities of chemical industry under the State
Council shall take measures to keep secret of the materials
provided by applicants which require to be kept secret.
Article
20. Any
application for administrative protection of agricultural
chemical products filed with, and any other relevant proceedings
before, the competent authorities of chemical industry under
the State Council shall be subject to the payment of a fee
as prescribed.
Article
21. The
rules for the implementation of these Regulations shall be
formulated by the competent authorities of chemical industry
under the State Council.
Article
22. The
competent authorities of chemical industry under the State
Council shall be responsible for the interpretation of these
Regulations.
Article
23. These
Regulations shall enter into force on January 1, 1993.
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