The new seed Law will soon be implemented to strengthen the protection of intellectual property rights in the seed industry and ensure national food security
The new Seed Law will come into force on March 1, 2022. It focuses on the protection of intellectual property rights of new plant varieties, improves the level of rule of law, establishes a balanced relationship between rights and obligations among breeders, producers and operators, and users, and provides legal guarantee for original innovation.The delicacies on the tip of your tongue come not only from wild sources, but also from farming.The provenance of animals and plants is crucial for artificial farming.Science and technology of seed industry is self-reliant and seed source is independent and controllable, which is an important basis for guaranteeing national food security, and the establishment of seed industry legal system to encourage and protect original innovation is the key to “make a good fight for the seed industry”.On December 24, 2021, the Standing Committee of the National People’s Congress approved the decision to revise the seed Law, which will take effect on March 1, 2022. This is the fourth revision of the seed Law.The newly revised law introduced “material derived varieties” system, the new law article ninety stipulates that substantial derived varieties is refers to the substance derived from the original variety, or by the original varieties of substantive derived varieties derived varieties, has the obvious difference with the original varieties, and in addition to the derived traits difference caused by,Identical to the original in expressing essential traits produced by the original genotype or combination of genotypes.The introduction of substantive derived variety system not only expressed the state’s determination to protect original breeding innovation and curb “plagiarism breeding”, but also established a reasonable benefit sharing mechanism for the subsequent improvement and application of new plant varieties.Increasing protection is another important aspect of the revised seed law.The seed law extends the protection scope of the right of new plant varieties from the propagation material of authorized varieties to the harvest material, and extends the protection link from production, propagation and sale to production, propagation and treatment for propagation, promise for sale, sale, import, export as well as storage for the implementation of the above acts.In order to enhance deterrence against infringement of new plant variety rights, the new seed Law increases the amount of damages for infringement, raising the upper limit of punitive damages from three times to five times, and raising the upper limit of legal damages from three million yuan to five million yuan.China is a big country in agricultural use of varieties, and farmers are the main users of varieties. Considering the situation of all parties, the revised seed law retains the farmers’ right to reproduce materials of authorized varieties for their own use.Article 29 of the New Seed Law stipulates that a farmer may reproduce and use the propagation materials of an authorized variety for his own use without obtaining the permission of the owner of new plant varieties or paying the user fee, but other rights enjoyed by the owner of new plant varieties in accordance with this Law, relevant laws and administrative regulations shall not be infringed.Article 37 of the Seed Law also stipulates that farmers who have surplus conventional seeds for their own use may sell them in batches at local market markets without applying for a seed production and operation license.But experts hint, here is only the provision does not need to deal with the seed production and management license, can not sell more than the number of seeds for their own use.It is a violation of the right of variety to sell seeds in large quantities that exceed the amount of self-reproduction and self-use, and the corresponding legal responsibilities should be borne.In fact, the new plant variety rights cover not only edible plants such as grain, vegetables and fruit trees, but also ornamental plants.In order to further encourage breeding innovation, article 9 of the new seed law has added a new content, “focusing on collecting rare, endangered, unique resources and local varieties with special characteristics”.Germplasm resources are material carriers with genetic codes, which are of great value in breeding new varieties.According to data at the beginning of 2021, more than 95 percent of the planting area of grain seeds independently bred in China has achieved the goal of “China’s grain is mainly planted in China”.Livestock and poultry such as pigs, cattle and sheep and some characteristic aquatic products are guaranteed in China. Now the core self-sufficiency rate of livestock and poultry and aquatic products has reached 75% and 85% respectively.But at the same time, the independent innovation ability in the agricultural field is not strong, especially in the theory of breeding and key core technology, there is a big gap between China and the international advanced level, the main competitiveness of seed industry innovation enterprises is not strong, there are small, scattered, low, heavy and other problems.On July 9, 2021, Commission for Deepening Overall Reform of the CPC Central Committee deliberated and approved the Action Plan for the Revitalization of the Seed Industry, putting forward a package arrangement of guiding ideology, basic principles, key tasks and safeguard measures for the revitalization of the seed industry.In order to make a good seed industry to turn over the battle, promote our country from a big seed industry to a strong seed industry forward to provide a roadmap, task book.