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Top court sets out resolution model for novel plant variety dispute cases

By CAO YIN | China Daily | Updated: 2026-06-11 08:09
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Determining whether a new plant variety, such as a flower or wheat strain, infringes on intellectual property rights largely depends on understanding the cultivation techniques involved, a challenge that has long complicated legal proceedings.

However, a new set of guidelines issued by China's top court aims to address this issue. Released on Tuesday, the rules are designed to assist judges in conducting technical investigations and assessments in civil and administrative cases related to new plant varieties.

"The overarching goal is to promote the sustainable development of the seed industry, safeguard food security, ensure a stable supply of important agricultural products and preserve biodiversity," the Supreme People's Court said.

As the first document specifically aimed at addressing technical issues in the adjudication of new plant variety cases, the guidelines are expected to strengthen intellectual property protection in the seed sector and improve the quality and efficiency of case handling, according to the court.

"It is also conducive to intensifying the crackdown on infringements such as brand counterfeiting and the production and sale of fake or substandard seeds, while meeting the urgent needs of seed companies and research institutions for stronger protection of variety rights," the court said.

The guidelines clarify that investigations into technical issues in new plant variety cases should be conducted in a scientific, objective and procedurally standardized, efficient and convenient manner.

Litigants are allowed to independently engage organizations or experts to provide opinions on technical issues. Courts are also authorized to appoint appraisal agencies or invite technical investigators to assist in determining technical matters.

In line with the guidelines, appraisals may be conducted through field observation tests or molecular marker tests in accordance with national or industry standards. Appraisal agencies are required to provide opinions on technical issues within 30 working days after accepting a court commission. In complex cases, the period may be extended to a maximum of 60 working days.

In addition, agencies or experts independently commissioned by litigants to provide opinions must appear in court to answer questions from judges and opposing parties on technical issues and offer explanations and clarifications.

The court emphasized the strategic importance of seeds to national development, describing them as fundamental to China's high-quality growth. It cited data showing that Chinese courts heard 4,521 first-instance cases involving new plant varieties between 2019 and 2025.

In 2025 alone, courts nationwide handled 1,402 such disputes, up 57.4 percent year-on-year.

"This new guideline stems from an analysis of the rising number of new plant variety cases and the complexities involved in determining technical issues in recent years," the court said, describing the document as a systematic, practical and consistent framework to support judges in their decision-making.

According to the court, more standardized and streamlined procedures can better protect the legitimate rights and interests of breeders and ensure appropriate returns on their intellectual investment.

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