New Judicial Interpretation for Plant Variety Rights in China

July 22, 2021 | BY

Susan Mok

Andrew Sim and Alanna Rennie of Baker McKenzie discuss the key provisions of the new Judicial Interpretation on plant variety rights (PVR), which will encourage more consistent rulings by the people's court and grant stronger judicial protection to PVR holders in China

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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