China's MARA & NFGA: Deadline Relief for Parties to PVR Proceedings
Note, 11.05.20: this post is being continually updated. Please see the footnote (*).
Translation of the Notice published by MARA on April 24, 2020 - find the Original Notice HERE.
Beijing, April 24 - In the framework of executive decisions of the Central Party Committee and the State Council on prevention and control of the COVID-19 pandemic, to secure the legitimate interests of parties to PVR proceedings; according to “The Regulations on the Protection of New Varieties of Agricultural Plants, The Implementation Rules” (Agricultural part) and other relevant rules and regulations on the handling of applications for new varieties of agricultural plants, the following notice applies: The provision of Article 48, §1, of “The Regulations on the Protection of New Varieties of Agricultural Plants”, shall apply to all parties whose rights have been negatively affected by the COVID-19 pandemic resulting in an inability to meet relevant deadlines set forth either by the valid regulations and implementing rules (Agriculture Part) or by the MARA's PBR Office. The provision of Article 48, §1 will apply as follows: Within two months from the date of elimination of the COVID-19 pandemic* and within two years from the expiry of the above mentioned time limits, the latest, the person concerned may request the reinstatement of their rights by providing reasons and submitting relevant supporting documents to MARA's Office for Plant Variety Protection.
Similar conditions apply to PVR applicants and title-holders who are a parties to proceedings before the National Forest and Grassland Administration (NFGA) - find the original NFGA Notice HERE.
* According to MARA, the time condition described in its notice as "two months from the date of elimination of the COVID-19 pandemic" does not refer to any strictly defined timeframe but the pandemic situation in breeder's country of origin. Hence, MARA & NFGA encourage parties to proceedings before their respective PBR Offices to submit their deadline relief requests in a timely manner directly to the said Offices. The Offices will then assess the requests on the case-by-case.