On May 1, 2025, China's State Council issued new Regulations on the Protection of New Plant Varieties, marking a significant overhaul in the legal framework for plant variety rights. Key amendments include an extension of protection periods: from 20 to 25 years for woody and vine plants, and from 15 to 20 years for all other categories. Additionally, the duration for preliminary examinations has been halved from six months to three. This reform comes amid China's intensified efforts to combat infringement on new plant varieties, highlighted by a substantial 53 million RMB judgment in a recent infringement case and the Supreme People's Court's release of exemplary cases regarding seed intellectual property protection. These regulations will become effective on June 1, 2025. In the Initial Provisions, the regulations emphasize the significance of protecting new plant varieties, fostering innovations in breeding, and enhancing the economic development of agriculture, forestry, and grasslands. The scope of new plant varieties encompasses those bred or improved from wild flora, ensuring they possess novelty, stability, and distinct characteristics. Furthermore, the document stipulates the exclusive rights of variety holders over their authorized varieties, detailing the acts that require the holder's permission, such as production and sale. The State is committed to establishing a framework for a substantially derived variety system, which is to be implemented progressively and guided by expert assessments. Variety rights applicants are required to meet established conditions, including novelty, distinctness, and stability. Review processes for applications have been streamlined for efficiency, allowing review committees to expedite the granting of rights while providing ample opportunities for redress in cases of disputes or frustrations encountered during the application phase. Overall, these regulations aim to bolster the integrity of plant variety protections and invigorate advancements within the agricultural sector in China.
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