New Judicial Interpretation for Plant Variety Rights in China

Summary

• Clearer judicial interpretation issued by the SPC for consistent hearings in new plant variety rights infringement cases
• A broad interpretation of the scope of the right confirmed
• A broader base of potential infringers confirmed, extending beyond traditional infringers to include other players in the supply chain
• The relationship between PVR infringement and breach of contract confirmed
• Clear rules for the use of DNA markers in variety verification
• Shifting burden of proofs to make enforcement for PVR holders easier

On July 7, 2021, the Supreme People's Court, Several Provisions on Issues Concerning Specific Application of the Law in the Trial of Dispute Cases Involving the Infringement of Rights in New Varieties of Plants (2) (the Judicial Interpretation) (最高人民法院关于审理侵害植物新品种权纠纷案件具体应用法律问题的若干规定 (二)) came into effect. Compared with the Supreme People's Court, Several Provisions on Issues Concerning Specific Application of the Law in the Trial of Dispute Cases Involving the Infringement of Rights in New Varieties of Plants (最高人民法院关于审理侵害植物新品种权纠纷案件具体应用法律问题的若干规定), which were promulgated in 2007 and revised in 2020 (the Old Provisions), the Judicial Interpretation provides more detailed and practical regulations to address some long-standing problems in judicial practice related to PVR infringement cases. Significantly, the Judicial Interpretation provides for a broad interpretation of the scope of the right, clarifies that protection is not limited to propagation (but also growing), clarifies the definition of "propagating material", provides for contributory liability, raises the effectiveness and the timeliness of judicial protection and enhances the convenience for breeders in enforcement.

The Judicial Interpretation will enable PVR holders to commercialize their new plant varieties in a more secure way and defeat Chinese infringers more effectively