The SPC concentrated on releasing the first batch of typical cases of judicial protection of intellectual property rights in the seed industry of the people's courts: reflecting the latest judicial orientation and sending a stronger signal

Beijing, September 7 (Reporter Li Zhaodi) In recent years, the people's courts have taken many measures at the same time, continuously increased the protection of intellectual property rights in the seed industry, and strived to provide a strong judicial guarantee for the independent innovation of the seed industry. On the 7th, the Supreme People's Court held a press conference to focus on the release of the first batch of typical cases of judicial protection of intellectual property rights in the seed industry of the people's courts, so as to play an exemplary and leading role and promote the revitalization of the seed industry.

Reflect the latest judicial orientation and send a stronger signal

According to Zhu Li, vice president of the Intellectual Property Tribunal of the Supreme People's Court, the 10 typical cases released this time include 7 civil cases, 1 administrative case and 2 criminal cases; the varieties involved in the case include main crops such as corn, rice and wheat, as well as cash crops such as peppers and pear trees.

Its main exemplary role is reflected in the following four aspects: First, effectively increase the compensation for intellectual property infringement in the seed industry, and ensure that the innovators in the seed industry obtain economic benefits in accordance with the law. Second, increase the intensity of criminal sanctions in accordance with the law and severely punish seeds-related crimes. Third, adhere to the judicial concept conducive to the protection of rights, and solve the problem of difficulty in determining the infringement of variety rights. Fourth, standardize the application behavior of new plant varieties and promote the improvement of the quality of variety authorization.

"The release of this typical case reflects the judicial orientation of the people's court to severely crack down on seed deck infringement, and sends a strong signal to strengthen the judicial protection of intellectual property rights in the seed industry." Zhu Li said at the press conference.

The Legal Chain Is Becoming More and More Complete Judicial protection has been further strengthened

According to Gao Zhonglin, vice president of the Intellectual Property Tribunal of the Supreme People's Court, at present, China has formed a relatively complete legal protection system for intellectual property rights in the seed industry, with the Seed Law, the Patent Law, the Regulations on the Protection of New Plant Varieties and other laws and regulations as the main body and the relevant judicial interpretations as supplements.

At the judicial level, since the Eighteenth National Congress of the Communist Party of China, the people's courts have made efforts to give full play to their functions and protect property rights according to law; formulated judicial interpretations and strengthened trial guidance; reformed the adjudication mechanism and enhanced judicial capacity; established expert think tanks to deepen high-end consultation; strengthened work coordination, built a large-scale protection pattern, and continuously increased the protection of intellectual property rights in the seed industry.

Regarding the next step of the work arrangement, Gao Zhonglin said at the press conference that the people's court will further increase the judicial protection of intellectual property rights in the seed industry, further guide local courts to give full play to their functional roles and special advantages, further deepen cooperation between the judiciary and the administration in the protection of the seed industry, further create a legal environment for strengthening the protection of intellectual property rights in the seed industry, conscientiously study and implement the spirit of General Secretary Xi Jinping's important instructions, and thoroughly implement the decision-making and deployment of the Party Central Committee and the Action Plan for the Revitalization of the Seed Industry. Taking the implementation of the new judicial interpretation of new plant varieties as an opportunity, focusing on severe sanctions for deck infringement, we will continuously improve the level of judicial protection of intellectual property rights in the seed industry, promote the high-quality development of the seed industry, and provide services and guarantees to achieve self-reliance and self-reliance in science and technology in the seed industry, and the independent control of seed sources. "Promote the purification of the seed industry market and provide more powerful judicial services and guarantees for the revitalization of the seed industry!"

"The 10 typical cases released today are the first batch, and the second and third batches will be released in the future." Guo Zhonglin finally said.