SPC releases 15 typical IPR cases involving seed industry

(english.court.gov.cn)     Updated : 2023-04-03

The Supreme People's Court (SPC) recently gave details on 15 typical cases involving intellectual property rights in the seed industry, including 13 civil cases and a criminal one. 

These were the third batch of typical cases following the release of previous two batches by the SPC in September 2021 and March 2022, respectively. 

The plant varieties involved in these cases cover a wide range, including major grain crops, such as wheat, rice, and corn, which are vital to national food security, as well as common vegetables and fruits, such as zucchini, kiwi, and citrus. 

The harsh punishment for seed-related crimes and IPR violations demonstrates the judiciary's determination to crack down on seed fraud and protect the legal rights and interests of both farmers and owners of protected variety. 

In one of the cases, for example, the defendant was fined and given a four-and-a-half year sentence for selling counterfeit seeds. 

The typical cases were selected to better address some complex problems in safeguarding the legitimate rights and interests of infringees, such as the determination of reference samples and source, and the determination of planting behavior infringement.

The selection also demonstrates the judiciary's efforts in developing a more systematic approach to better protect the seed industry.

In a case of infringement involving a new variety of corn plant, the accused infringing samples seized by administrative authorities were used as pending samples for identification, realizing an effective connection between administrative law enforcement and judicial protection.

The people's courts will strive to handle all kinds of IPR disputes involving seeds and promote the high-quality growth of the industry through better judicial protection.