Guideline issued to enhance legal protection for new plant varieties

A newly issued guideline by China's Supreme People's Court aims to further regulate the technical investigation processes for judges handling civil and administrative cases related to new plant varieties.

Released on Tuesday, the 40-article guideline is part of the judiciary's efforts to promote the seed industry's healthy development, thereby safeguarding food security, ensuring the supply of essential agricultural goods, and protecting biodiversity.

As the first document specifically guiding technical investigations and fact-finding in plant variety adjudication, the guideline is significant for enhancing the legal protection of intellectual property rights in the seed industry, according to the top court.

It is also expected to improve the quality and efficiency of handling plant variety cases, effectively address infringements such as brand counterfeiting and the production and sale of fake or substandard seeds, and meet the urgent needs of seed companies and research institutions for variety rights protection.

"Our ultimate goal is to ensure breeders receive appropriate returns for their intellectual investments and foster a fair, transparent, and predictable legal environment for innovators in the seed industry," the top court added.

It underscored the vital role of seeds in national strategies, considering them a fundamental sector for the country's high-quality development. Protecting new plant varieties is seen as protecting innovation in the seed industry through the rule of law.

Data from the top court indicates that from 2019 to 2025, Chinese courts heard 4,521 first-instance cases related to new plant varieties. In 2025 alone, courts nationwide handled 1,402 such disputes, marking a 57.4 percent increase from the previous year. Technical investigation and fact-finding is a critical and challenging aspect of plant variety cases, the top court noted, adding that the new guideline will help address practical issues in this area, such as insufficient operational standards for technical investigations and inconsistent examination criteria.

The guideline outlines the process of technical investigation and fact-finding to provide judges with a systematic, operable, and unified solution for adjudication. For example, it clarifies how courts can entrust professional institutions with appraisals, the circumstances under which litigants can invite specialists to testify in court, and the responsibilities of technical investigators.