Farmers in the planting of crops, can not be separated from the seeds, if there is no high variety of seeds, then the yield and quality of the crops planted are difficult to meet expectations, therefore, the importance of seeds is self-evident. Many old farmers used to keep their own seeds, such as planting pumpkins, loofahs, peppers, etc., to leave a small part as seeds when harvesting, the pumpkin seeds, loofah seeds, pepper seeds dried and stored, sown in the spring of the next year, there are excess seedlings, will be distributed to neighbors, of course, there will be people to sell money, this way of operation seems to be accustomed. However, with the protection of intellectual property rights more and more attention, the problem of plant new varieties infringement is also a new phenomenon, if farmers do not pay attention to their own behavior, then do not get it right to form infringement, once the variety rights holder believes that there is infringement, farmers may also provoke lawsuits, this situation may not be understood by many farmers, but plant new varieties infringement disputes are more common.
In 2014, among the 50 typical cases of intellectual property rights published by The courts of China, a breeding enterprise in Dunhuang, Gansu Province, received 5 million yuan in infringement damages, which was caused by a breeding enterprise in Xinjiang that privately bred and produced 3,600 mu of corn "Xianyu 335" seeds, which caused quite a stir at the time. Also in 2014, farmer Tian Xuejun in Gansu Zhangye Linze County contracted to operate the farm, the production of corn about 100 acres, was sued by a breeding enterprise in Anhui Province, after professional institutions appraisal, determined that the farmer Tian A self-propagated corn seeds, and Anhui Longping High-tech new varieties of highly consistent, and finally the court ruled that farmer Tian X had infringed, compensated the plaintiff for economic losses of 150,000 yuan, and also undertook the acceptance fee and appraisal fee of the case totaling 9800 yuan. After such a judgment came down, many people were surprised and paid more attention to the issue of self-retained varieties, so in which cases are it easy to infringe varieties?
<h1 class="pgc-h-arrow-right" data-track="3" > Buy a small amount of regular seeds to breed, and then sell them to others</h1>
Under normal circumstances, it takes at least 3-5 years to cultivate a new variety, and some are even longer, especially in the early exploration stage, it can be said that there is only input, no output, which is a great challenge for researchers and enterprises. At the beginning of the market, the price of new varieties is often high, farmers buy new varieties, planting 1-2 years when they find high yields and good quality, they will continue to plant the variety, and will recommend it to other villagers, which is a good thing for the holders of the variety. However, if farmers do not pay attention to the problem of variety infringement, spend a small amount of money to buy regular seeds, and then sow seeds themselves, and then sell them to others in the next year, this operation actually forms infringement, and if it is reported, it will face corresponding penalties.
<h1 class="pgc-h-arrow-right" data-track="17" > second, planting fake and shoddy seeds and passing off brand varieties</h1>
Nowadays, the spread of new things is very fast, as long as the market as long as which variety sells well, the price is high, it will not be long before there will be a lot of similar seeds out, the ability to imitate is very strong, which is a great challenge for breeding companies, sometimes can only be helpless, because sometimes it is difficult to collect relevant evidence. In addition, it is also difficult for farmers, because many farmers often listen to what dealers say when they buy seeds, and when people say that the varieties are good, they will buy their recommendations. If a farmer, when purchasing a seed, knows that the seed is a counterfeit, and continues to grow it, and also shares it with others to plant, this operation is actually an infringement, and once there is a profit from it and the evidence is conclusive after being reported, it will also be punished.
<h1 class="pgc-h-arrow-right" data-track="18" > third, new agricultural business entities, pretending to be self-propagating seeds for self-use</h1>
From the perspective of relevant laws and regulations, the operation of farmers keeping seeds and continuing to plant in the next year is recognized, and this operation will not be recognized as infringement, but this also has a prerequisite, that is, there is a scope, if they only have 3-5 acres of land, self-propagation and self-use, there will be no problem. However, if it is a cooperative, a family farm, a large grain grower, etc., its nature will change, and then it will be self-propagating and self-use, which will form an infringement. For seed brand holders, groups such as large grain growers and cooperatives are very different from individual farmers, and if they are also allowed to reproduce themselves, then there is no market demand for the new varieties they develop. Therefore, it is appropriate to purchase the seeds needed by large grain growers every year from formal channels.
<h1 class="pgc-h-arrow-right" data-track="19" > how should agricultural powers take the "seed chip" into their own hands? </h1>
1. Establish a seed breeding system based on the national team and supplemented by marketization. When the new varieties are not listed, the input costs during the period are very large, which is not affordable for ordinary enterprises, if the hope is pinned on the enterprise, then many companies will take risks in order to take shortcuts. In order to allow scientific researchers to concentrate on research, we should establish a corresponding system, so that scientific researchers and seed sales form two lines, in the minds of farmers, the national team represents the authority, after setting a benchmark, to drive the development of other enterprises, can make seed breeding into benign development.
2. Realize the traceability of the whole process and strictly crack down on seed infringement. There are many disputes over seed infringement, and many times there are problems in the circulation link, such as only 10 tons of seeds in the formal channel, but the variety circulating in the market is more than 50 tons, where does the extra 40 tons come from, and it is not clear where the seeds come from and where the specific flow is going, then the seed protection problem is difficult to implement. Now that it is the information age, we can give full play to the advantages of big data, grasp from the source, and supervise the whole process of middlemen's import and export behavior.
3. Strictly control seed imports and encourage the use of domestic varieties. China is a large agricultural country, the demand for seeds is very large, every year in the spring ploughing season, is the time for farmers to purchase agricultural materials, this time is also the peak period of seed procurement. Driven by market demand, imported seeds are also increasing year by year, which is a great threat to domestic seeds, if not controlled, it is easy to dump the phenomenon, once the seed industry is controlled by imports, it will affect national food security. With regard to foreign varieties, it is necessary to strictly control them, especially the genetically transmitted seeds, and we cannot arbitrarily issue permits to encourage farmers to use domestically produced varieties as much as possible.
In short, when farmers keep seeds, they must grasp the size, can not be opportunistic, and can not use seeds of unknown origin, when purchasing seeds, they must go through formal channels and obtain corresponding vouchers. Maintaining the safety of the national seed industry requires the joint participation of producers, middlemen, scientific researchers, etc., all of whom keep the rules and believe that the "seed chip" can be completely in their own hands.