Top court emphasizes stronger IP protection for seed industry

Highlighting five landmark cases related to new plant varieties, China's top court has underscored the importance of enhancing intellectual property protection in the seed industry, committing to ensuring food safety and fostering innovation.

The Supreme People's Court unveiled details of these cases on Wednesday, ahead of World Food Day, which falls annually on Oct 16. These cases involved major crop varieties such as rice, wheat, and corn, which are vital to national food security, as well as fruit and vegetable varieties like passion fruit and blueberries that enrich the supply for consumers.

The top court has urged judges nationwide to impose strict penalties on those who significantly infringe on seed rights and stifle innovation. It noted that two of the five cases involved punitive damages, and in both instances, the full amount of compensation claimed by the variety rights holders was supported. For example, a planting base in Yunnan province was ordered to pay 144,000 yuan ($21,400) in punitive damages for unauthorized production, propagation, and sale of a blueberry variety owned by a Spanish company.

The top court stated that applying punitive damages underscores the judiciary's firm stance against infringement and reflects Chinese courts' commitment to equal protection for all litigants, both domestic and foreign. The court also emphasized the importance of building an integrated chain of judicial protection across breeding, seed production, propagation, and sales, and refining judicial rules governing intellectual property in the seed industry, considering the seasonal nature of crop growth and the diverse propagation methods of various varieties.