Politics · China · 15 hrs ago
China's top court publishes five plant variety protection cases
China's Supreme People's Court published five cases on plant variety rights during the country's food security awareness week.
The cases cover rice, wheat, corn, passion fruit and blueberries, and show how courts have handled unauthorized breeding and sales of protected seeds and seedlings.
Plant variety rights protect breeders' new varieties, and the cases address ways businesses have tried to avoid responsibility or make infringement hard to prove.
Two cases used punitive damages for serious infringement, while two awarded the full compensation sought by the rights holders.
In one passion fruit case, the court ordered more than 7.6 million yuan in compensation after using the seller's own public business information to estimate the scale of unauthorized seedling production.
The rulings also set clearer rules on issues such as successor businesses, evidence of production volumes and destruction of infringing seedlings.
The court said the decisions aim to protect breeding innovation and support food security; no further steps were specified.
China’s top court published five representative cases on plant variety protection during the national food security publicity week.
The cases cover rice, wheat, corn, passion fruit and blueberry varieties.
The court said the rulings aim to protect breeding innovation and strengthen intellectual property protection in the seed industry.
Two cases applied punitive damages, and two fully supported the rights holders’ claimed compensation.
- Who
- China’s Supreme People’s Court published the cases.
- What
- It released five representative rulings on plant variety protection.
- When
- October 2026, during the national food security publicity week ahead of World Food Day.
- Where
- China.
- Why
- The court said the cases demonstrate strict protection of breeding innovation and support national food security.
Plant variety rights holders
Alleged infringers
Damages
Plant variety rights holders
Rights holders sought compensation for unauthorized breeding and sales; in the passion fruit case, the rights holder claimed more than 7.6 million yuan.
Alleged infringers
The alleged infringer disputed the scale of production and sales.
Permission
Plant variety rights holders
The passion fruit company argued that government-backed industry promotion implied free permission to use the variety.
Alleged infringers
The rights holder maintained its variety rights had been infringed; the court said industry promotion did not automatically constitute implied permission.
The blueberry planting base was established.
A licensed company bought suspected infringing blueberry seedlings from the base as part of a notarized evidence-gathering process.
The Supreme People’s Court selected and released five representative plant variety protection cases.
China News Service reported the court’s release of the cases.
- Number of cases
- 5
- Crop varieties covered
- Rice, wheat, corn, passion fruit and blueberry
- Punitive damages
- Applied in 2 cases
- Qinguo 9” passion fruit case
- More than 7.6 million yuan in claimed compensation was fully supported on appeal
- Zhongke 804” rice case
- Compensation increased to 1.45 million yuan on appeal
- Yuanke 105” corn case
- More than 1.2 million yuan in punitive damages was awarded
1 source
What people are saying
The branches were secretly taken through connections