The Development and Reform of the International System of Plant Variety Protection and China’s Response

By Li Judan, Associate Research Fellow, CASS Law Institute

Abstract:The development history of new plant variety protectionsystem shows that the breeding technology and commercialization of agriculture are crucial factors in promoting the development and reform of the system of protection of plant breeding innovation. This paperanalyses,from the perspective of the influence of the development of breeding technology and seed industry on the of new plant variety protection system, the development and reform of international systems of plant varietyprotection and the practice of and the challenge faced by Chinain the protection of new plant varieties, pointing out thatthe adoption of the Law on the Protectionof New Plant Varieties is an inevitable choice by China in the modernization of the seed industry. The Law on theProtection of New Plant Varieties is a basic law on the protection of the property of seed enterprises, as well as the most important anti-unfair competition law in the field of seed industry.Only by formulating the Law on Protectionof New Plant Varieties, can such problemsas “difficult evidence-taking, long cycle, high cost and weak protection”in the practice of new plant variety protection be effectively solved, the existing laws and regulations be effectively improved, and the seed industry modernization and the new era of seed industry development be guaranteed by the rule of law.

Keywords: new plant variety; biological breeding; breeding innovation; molecular marker technology; the Law on the Protection of PlantVarieties


This paper is published in Intellectual Property 1 (2020)