Eight Items of Protection for New Varieties of Agricultural Plants


Eight Key Measures for Protecting New Agricultural Plant Varieties

During the "Eleventh Five-Year Plan" period, China aimed to enhance the protection of new agricultural plant varieties by promoting innovation in breeding and the widespread use of new varieties. Guided by the principle of "scientific review, rights protection, innovation encouragement, and industry promotion," the focus was on improving laws and regulations, strengthening technical support, and enhancing management services. The goal was to boost four key capabilities: policy research, examination and testing, law enforcement, and international cooperation, thereby significantly raising the overall level of protection for new plant varieties.

Since China joined the International Union for the Protection of New Varieties of Plants (UPOV) on April 23, 1999, the Ministry of Agriculture has issued six batches of protected plant varieties, covering 62 genera and species. This initiative has provided breeders with a fair competitive space and boosted applications and approvals. As of November 30, 2006, the Ministry had received 3,691 applications and granted 899 variety rights. According to statistics from 500 authorized varieties, the total area planted reached 640 million mu, increasing grain output by 56.32 billion kilograms and generating a social benefit of 22.37 billion yuan. These achievements have positively contributed to boosting grain production and farmers' income.

Despite these accomplishments, China still lags behind developed countries in many aspects. The legal framework remains incomplete, law enforcement needs improvement, and the technical and administrative systems require further refinement. To address these issues, during the "Eleventh Five-Year Plan" period, the Ministry of Agriculture focused on enhancing four core systems and upgrading four key capabilities through eight major measures.

First, it aimed to improve the legal framework by revising the Regulations for the Implementation of the Protection of New Plant Varieties (Agriculture Section), streamlining procedures, standardizing nomenclature, and establishing mechanisms to promote innovation. It also studied policies to encourage the protection of new plant varieties.

Second, it focused on strengthening the technical support system. This included updating DUS test guidelines, expanding the scope of protection, building a database of known varieties, researching DNA fingerprinting standards, and improving the resource pool for standard and similar species. A digital management information system was also introduced to streamline the process of application, review, testing, and authorization.

Third, it worked on enhancing the management service system by strengthening testing institutions, improving staff quality, and reinforcing law enforcement capabilities. It also supported the development of intellectual property agencies and encouraged the formation of industry associations to better manage and protect agricultural IP rights.

Fourth, it improved the information service system by expanding data resources, developing processing standards, and creating an automated query system. It also promoted the commercialization of authorized varieties and built platforms for domestic and international information exchange and early warning systems.

Fifth, it emphasized public awareness and training. Through various campaigns, seminars, and media outreach, it aimed to increase understanding of variety rights among farmers and rural communities.

Sixth, it intensified law enforcement efforts. It trained enforcement teams, improved their efficiency, and promoted transparency to reduce infringement and counterfeiting incidents.

Seventh, it accelerated the promotion of new varieties by establishing trading platforms, conducting science and technology home projects, and showcasing new varieties in rural areas.

Eighth, it strengthened international cooperation by studying global trends, participating in UPOV meetings, and supporting Chinese breeders in applying for foreign variety rights to help the seed industry expand globally.

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