Eight Key Measures for Protecting New Plant Varieties in Agriculture

During the "Eleventh Five-Year Plan" period, China focused on enhancing the protection of new agricultural plant varieties with the goal of fostering innovation in breeding and promoting the widespread use of new varieties. Guided by the principle of "scientific review, protecting rights, encouraging innovation, and driving industry development," the emphasis was placed on improving laws and regulations, strengthening technical support, enhancing management services, and boosting international cooperation. These efforts aimed to elevate the overall level of protection for new plant varieties across the country.
Since China officially 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 variety lists, covering 62 genera and species. This initiative has provided breeders with a fair platform for intellectual property protection and competition. The number of applications and granted rights has grown significantly. As of November 30, 2006, the Ministry had received 3,691 applications and approved 899 varieties. According to statistics from 500 authorized and application varieties, the total area promoted reached 640 million mu, increasing grain output by 56.32 billion kilograms and generating a social benefit of 22.37 billion yuan, making a positive contribution to both grain production and farmers' income.
Despite these achievements, there is still a significant gap between China's plant variety protection system and those of developed countries. Existing rules and regulations are not yet fully established, law enforcement needs to be strengthened, and the work and technical systems require further improvement. To address these challenges, during the "Eleventh Five-Year Plan" period, the Ministry of Agriculture focused on enhancing four key systems and upgrading four core capabilities through eight major measures.
First, the legal framework will be improved. The Regulations for the Implementation of the Protection of New Plant Varieties (Agriculture Section) will be revised, streamlining review, testing, and authorization procedures. Standardized naming of varieties will be implemented, and institutional mechanisms for promoting breeding innovation will be established. Policies encouraging the protection of new plant varieties will also be studied and formulated.
Second, the technical support system will be enhanced. DUS test guidelines for new agricultural varieties will be developed and updated, expanding the scope of protection. A database of known varieties for major crops will be created to avoid duplicate authorizations and ensure quality. Research into DNA fingerprinting standards will improve law enforcement efficiency, while standard variety and similar species resource pools will ensure scientific accuracy in authorization. An information management system for new plant varieties will be established to enable digitalization of the entire process, from application to disclosure.
Third, the management service system will be strengthened. Testing institutions and technical teams will be reinforced, with improved staff quality and better infrastructure for existing testing facilities. Law enforcement capabilities will be enhanced, and support will be given to the development of intellectual property service agencies. Industry associations will be encouraged to play a more active role in the protection and management of agricultural intellectual property.
Fourth, the information service system will be upgraded. Review and test data resources will be expanded, and data processing standards will be developed. An automated query system for variety data will be introduced, along with improved information systems for variety rights. Authorized varieties will be promoted through broader channels, and domestic and international exchange platforms will be established to track legislative trends and provide early warnings about potential impacts on China's seed industry.
Fifth, public awareness and training will be increased. Various campaigns, seminars, and training sessions will be organized to raise awareness of variety rights and improve the ability to use them. Information about variety rights will be spread to rural areas through media channels, helping to cultivate a culture of rights awareness, legal compliance, and self-protection among farmers.
Sixth, law enforcement efforts will be intensified. Teams dedicated to enforcing variety rights will be strengthened, with improved performance and accountability. Trials and experiences in administrative enforcement will be explored, and the effectiveness of enforcement will be evaluated and shared. Publicity around law enforcement will increase awareness of legal compliance and reduce cases of infringement.
Seventh, the promotion and application of new varieties will be accelerated. A trading platform for variety rights will be established to facilitate the commercialization of new varieties. Science and technology home projects, demonstration plots, and village-level promotions will help bring new varieties into local communities.
Eighth, international cooperation will be strengthened. Research on global legal frameworks and development trends in plant variety protection will provide valuable insights for China’s seed industry. Active participation in UPOV meetings and technical working groups will enhance collaboration, while support for domestic breeders applying for foreign variety rights will help Chinese seed companies expand globally.

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