Law

Chinese seed industry judicial cases make their debut in the International Union for the Protection of New Varieties of Plants case database

2026-03-20   

The reporter learned from the Intellectual Property Court of the Supreme People's Court today that the "Case Law of Member States" column on the official website of the International Union for the Protection of New Varieties of Plants (UPOV) has recently been updated, and the "First Batch of Typical Cases of Judicial Protection of Intellectual Property in the Seed Industry by Chinese Courts" has been published online. This is the first time that the UPOV official website has published typical cases of intellectual property rights in China's seed industry, with a total of 9 cases in this batch. After the case was published, China became the country with the most typical cases published on the UPOV official website. The inclusion of Chinese cases has enriched and diversified the exchange of judicial wisdom in the global seed industry, and also demonstrated the diverse legal paths and common goals of judicial responses to seed industry innovation needs in different legal traditions, agricultural development stages, and institutional frameworks of various countries. It is reported that the first case to appear on the UPOV official website is the "First Batch of Typical Cases of Judicial Protection of Seed Industry Intellectual Property Rights by People's Courts" released by the Supreme People's Court in 2021, which comprehensively demonstrates the Chinese experience and practical path of judicial protection of seed industry intellectual property rights to the world. The 9 Chinese cases cover civil, administrative, and criminal cases, involving not only major grain crops such as corn, rice, and wheat, but also economic crops such as chili and pear trees. They accurately focus on key and difficult issues in judicial practice such as determining infringement of variety rights, determining compensation amounts, protecting breeding results, connecting administrative and judicial protection, and punishing illegal and criminal activities in the seed industry. With a clear judicial orientation, they demonstrate the strength and wisdom of China's intellectual property judicial protection in the seed industry. Unlike other member state cases on the UPOV official website that focus on a specific legal dispute point in a single case, Chinese cases are characterized by "full chain and systematization", with a focus on further clarifying the specific standards and application rules of judicial judgments within the existing framework of specialized protection for new plant varieties. This also aligns with China's status as an agricultural powerhouse and the practical needs of a large and rapidly developing seed market. The judicial practice of intellectual property rights in China's seed industry, together with the practices of other members, outlines a diverse picture of global seed industry judicial protection. (New Society)

Edit:Jiajia Responsible editor:Shenchen

Source:legaldaily

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