CHANG TSI
Insights
Establishment and amendment timeline of the Regulations on the Protection of New Plant Varieties (hereinafter referred to as the "Regulations"):
March 20, 1997: The Regulations were promulgated and implemented by the State Council, marking the formal establishment of China's new plant variety protection system.
January 31, 2013: The Regulations were revised for the first time, published under State Council Order No. 635, and implemented on March 1, 2013.
July 29, 2014: The Regulations were revised for the second time, published under State Council Order No. 653, and implemented from the date of publication.
April 18, 2025: The Regulations were revised for the third time, published under State Council Order No. 807, and officially implemented on June 1, 2025; this is the first comprehensive revision of the Regulations since its promulgation and implementation in 1997.
The latest amendments introduce significant improvements in multiple aspects, including expanding the protection objects, broadening the protection links, implementing the substantially derived variety system in steps, extending the protection period, and clarifying the judgment standards on novelty, which are of great significance to the development of China's seed industry and intellectual property protection.
The protected subject matter has been broadened from the previous "authorized varieties" to "harvested materials obtained by using the propagating materials of the authorized variety", "substantially derived varieties", "varieties that are not significantly different from the authorized variety" and "another variety produced or propagated using the authorized variety", which ensures the rights and interests of the variety right holder from the source.
For substantially derived varieties, China will implement the related regulations step by step, thereby providing strong support for original propagating innovation and preventing others from circumventing infringement risks by simply improving the original variety. For example, if Company A develops a high-yield sorghum and obtains the corresponding variety right, other companies that cultivate substantially derived varieties based on this variety must obtain permission from Company A in terms of use and sales.
The protection links have been extended from the previous "production" and "sales" to "production", "sales", "reproduction", "processing for reproduction", "promise to sell", "import", "export", "storage", etc., which comprehensively cover all key links in the circulation of new plant varieties in the market, and effectively protect the legitimate rights and interests of variety right holders.
- Assessment Subject: Previously, novelty was evaluated primarily for propagating materials; after the revision, harvested materials are also included. This change makes the judgment criteria more comprehensive and matches with the expansion of the scope of protection of variety rights.
If harvested materials of a new variety circulate in the market, novelty of this new variety may be lost even if its propagating materials remain unsold, which better maintain fair competition in the market.
- Evaluation Standards: The filing date serves as the key benchmark when evaluating the novelty. In addition to loss of novelty due to sales or promotion, new grounds including “De facto dissemination” and “Failure to apply for variety rights within two years of registration or approval” also result in loss of novelty, which are consistent with the Seed Law.
These standards provide a clear and definite basis for novelty evaluation, ensuring the standardization and fairness of the evaluation process.
- Woody and vine plants: protection term extended from 20 to 25 years; and
- Other plants: protection term extended from 15 to 20 years.
This harmonizes China with the UPOV 1991 Act, facilitating global competitiveness.
- Stable Application Principles: Foreign applicants still follow international rules. If their home country has agreements with China or participates in relevant treaties, those terms apply; otherwise, reciprocity governs.
- Agency Requirement: Foreign individuals, enterprises, or other type of organizations having no habitual residence or business office in China shall appoint a local agency legally registered in China to handle their plant variety rights applications.
- Stricter Outbound Management: Providing propagating materials abroad must comply with the Seed Law's provisions on germplasm resource export, preventing unreasonable outflows and safeguarding national seed security.
Previously, penalties for infringement were limited, resulting in low costs for infringers. The revised Regulations impose fines of 5–10 times for the infringing goods' value which exceeds CNY 50,000, drastically raising deterrence.
Administrative protection work is now delegated to county-level agricultural and forestry authorities, enabling faster, more flexible responses to infringement and improving regulatory efficiency.
In summary, the amendments fully reflect China's determination on aligning with international standards in plant variety protection, while fully considering the current development status of seed industry in China. The amended regulation creates a fairer and more orderly environment, empowering enterprises to leverage variety rights for long-term R&D, production, and commercialization strategies, and ultimately enhancing core competitiveness of the enterprises.
