Timing of the application. Protection depends on filing, and the novelty requirement limits what can be sold beforehand. A variety remains novel if, before the filing date, its propagating or harvested material has been sold or promoted in China for no more than 1 year and has been sold outside China for no more than 6 years in the case of woody and vine plants, or no more than 4 years in the case of other plants. Commercial plans for China should therefore be aligned with the filing date; rolling out stock first and filing later is inadvisable.
The catalogue. Only genera and species on the national catalogue of protected plant varieties can be protected, so confirm that the target crop is listed before entering the market.
The denomination. Use a consistent denomination for the same variety across countries so far as possible, and assess separately whether that name is registrable as a trademark in China — once a name has become generic it can no longer serve as a brand.
Test data. Whether overseas test data can be relied on, or supplementary testing in China is required, has a direct effect on how long examination takes.
Channel management. Contracts with distributors and contract propagators should set out the permitted uses of propagating material, restrictions on seed-saving, traceability obligations and the consequences of breach. Most infringement starts inside the channel.
