Agriculture Reference
In-Depth Information
all regulatons and prepare proposals for amendng or repealng those laws
and regulatons that were not consstent wth the WTO rules and Chna's
commtments to ts accesson. Local governments had smlar commttees.
Ministries and provincial governments are also working closely under the
Standng Commttee of the Natonal People's Congress on those laws and
regulatons to be amended or repealed by the congress.
Several recent experences nvolvng amendng laws and regulatons
and creatng new nsttutons related to agrculture demonstrate the
effectveness of these commttees and Chna's commtment to ts WTO
obligations. For example, China's Patent Law—which was issued originally
in 1984 and amended in 1992—was amended again on 1 July 2001. Many
of the associated regulations were also revised. Moreover, a new set of
regulations on plant variety protection (PVP) was put into effect in 1999
when Chna became the thrty-nnth member country of the Internatonal
Union for the Protection of New Varieties of Plants (UPOV). Soon after
passage of the new regulations, government agencies proposed and
implemented detailed regulations facilitating the implementation of PVP.
The Ministry of Agriculture and the State Forest Bureau also created a new
set of institutions: a series of New Plant Variety Protection Offices. Finally,
China's Seed Law was issued in 2000. Hence, the PVP and the Seed Law now
protect the rghts of new plant varetes. To assst n the mplementaton
of these laws, the government has set up an intellectual property rights
(IPR) affairs centre under the Ministry of Science and Technology.
To fulfil its legal obligations related to agriculture, the Ministry of
Agriculture has, since 2000, also repealed several regulations that sought
to subsdse certan types of enterprses and apply dfferent rules n
agricultural input industries to different economic actors. Officials have
eliminated the Regulations on the Development of Integrated Agricultural,
Industrial and Commercial Enterprises under State Farms (issued in 1983
to assst n the development of state-owned farms) and the Regulatons
on the Development of Rural Township and Village Owned Enterprises
(issued in 1979 to assist collectively owned enterprises). Seed Management
Regulatons that gave monopoly powers to local seed companes and
Pesticide Field Trial Rules that discriminated against foreign companies
were abolshed.
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