In the vast field of intellectual property, the protection of plant variety rights is gradually becoming a focus. With the rapid development of agricultural technology, the cultivation and promotion of new plant varieties are crucial for agricultural modernization. However, disputes over ownership and infringement of new plant varieties are also increasing, posing challenges to innovation in the seed industry. Today, let's step into the world of plant variety rights protection and learn about its importance and typical cases.


1、 Plant variety rights: a legal shield for agricultural innovation


The right of new plant varieties refers to the exclusive right of use enjoyed by the unit or individual who completes breeding for the authorized varieties in accordance with the law. The establishment of this right aims to protect the innovative achievements of breeders and encourage more people to invest in the cultivation of new plant varieties. The object of protection for plant variety rights is new plant varieties, including crops, flowers, fruit trees, and other types of plants.


The Importance of Plant Variety Rights
-Encouraging innovation: The protection of plant variety rights provides legal protection for breeders, enabling them to obtain economic returns through legal means, thereby motivating more people to invest in breeding work.
-Ensuring agricultural development: The cultivation and promotion of new varieties can help improve agricultural production efficiency, enhance the disease and pest resistance of crops, improve the quality of agricultural products, and thus promote agricultural modernization.
-Promoting biodiversity: Protecting plant variety rights helps maintain biodiversity and promote ecological balance.


2、 Disputes over the ownership of new plant varieties: who has the the final say


Disputes over ownership of new plant varieties usually involve the issue of ownership of variety rights. Such disputes may arise from the joint participation of multiple parties in breeding work, but there are disputes over the ownership of variety rights. Here is a typical case:


Case: Dispute over infringement of plant variety rights between Heng Company and Jin Company
-Background of the case: Hengmou Company has exclusive license rights to the new variety of corn plant "NP01154". Hengmou Company claims that the seven approved hybrid corn varieties produced and sold by Jinmou Company are all produced using the "NP01154" variety as the parent without permission, and requests a judgment to stop infringement and compensate for losses.
-Judgment result: After losing the first instance, Heng Company filed an appeal. The Supreme Court's second instance judgment revokes the first instance judgment and applies punitive damages, ordering Jin Company to immediately stop infringing on the "NP01154" variety rights, and compensating Heng Company for economic losses of more than 53.347 million yuan and reasonable expenses for rights protection of 200000 yuan.
-Typical significance: This case is currently the highest awarded compensation case for infringement of a new plant variety, reflecting the judicial attention to the protection of intellectual property rights in the seed industry.


3、 New Plant Variety Infringement Dispute: Unauthorized Use


Disputes over infringement of new plant varieties typically involve unauthorized production, sale, or promise of sale. These actions not only harm the legitimate rights and interests of variety rights holders, but may also cause chaos in the agricultural market. Here is a typical case:


Case: "Yanshu 25" Sweet Potato Plant New Variety Infringement Case
-Background of the case: The "Yanshu 25" sweet potato variety cultivated by the Agricultural Science Research Institute of a certain city in Shandong Province (hereinafter referred to as the Agricultural Science Institute of a certain city) was granted a plant variety right certificate on January 31, 2019. A municipal academy of agricultural sciences found that a Hao Trade Department in Nangong City (hereinafter referred to as a Hao Trade Department) sold infringing potato seedlings on the Tiktok platform, and then preserved the evidence.
-Judgment result: The court found that a certain Hao Trading Department had engaged in planting, breeding, selling, and promising to sell "Yanshu 25" sweet potato seedlings, and ordered them to immediately stop the infringement and carry out inactivation treatment on the infringing seedlings. The court also ordered them to compensate a certain agricultural science institute for economic losses and reasonable expenses incurred in safeguarding their rights, totaling 300000 yuan.
-Typical significance: This case is a typical case of determining infringement through notarization and evidence collection, as well as online sales platforms.


4、 How to protect the rights of new plant varieties


1. Apply for variety rights in a timely manner
After completing the cultivation of new varieties, breeders should promptly apply for variety rights to the National Plant Variety Protection Office to ensure that their innovative achievements are legally protected.


2. Strengthen awareness of rights protection
Variety rights holders should strengthen the protection of their own rights, regularly inspect the market, and promptly take legal measures to protect their rights in case of infringement. One can protect their legitimate rights and interests through notarization, administrative complaints, and filing lawsuits.


3. Reasonable use of authorization mechanism
For entities that need to use new varieties of plants from others, authorization should be obtained through legal means to avoid infringement.


5、 Future prospects: a bright path for intellectual property protection in the seed industry


With the increasing emphasis on intellectual property protection in the seed industry in China, the legal system for protecting the rights of new plant varieties is constantly improving. From the revision of the Seed Law to the implementation of the Regulations on the Protection of New Plant Varieties, from judicial protection to administrative supervision, China has achieved significant results in the protection of new plant varieties. In the future, we should continue to strengthen the promotion and implementation of laws and regulations, enhance the awareness of intellectual property protection in the whole society, and provide more solid legal protection for agricultural innovation.


Conclusion


The protection of plant variety rights is not only an important support for agricultural modernization, but also an important component of intellectual property protection. By strengthening the protection of variety rights, we can motivate more people to invest in agricultural innovation and promote sustainable agricultural development. Let us work together to protect the rights of new plant varieties and safeguard the future of agriculture.