Strengthening the Barrier of Judicial Protection to Protect the High Quality Development of the Seed Industry

2023-04-26

Seeds are the "chips" of agriculture. We need to focus on ensuring food security and the supply of important agricultural products, achieve self-reliance and self-reliance in seed industry technology, and independently control seed sources, and use Chinese seeds to ensure China's food security. We will work with the China (Sanya) Knowledge Protection Center to establish a high standard framework for intellectual property protection, jointly build the "People's Court Intellectual Property Judicial Protection Germplasm Resource Research (Hainan) Base" with the Civil Third Division of the Supreme People's Court, and jointly build a practice base with research institutes to continuously enhance the judicial protection of intellectual property rights in the seed industry, creating a good innovation and market environment for the seed industry. Protecting the intellectual property rights of the seed industry is to safeguard the lifeline of national food security. A sound system for protecting new plant varieties will stimulate and promote innovative activities in the seed industry, injecting new vitality into agricultural modernization. China has established a system for the protection of new plant varieties since 1997, mainly based on the 1978 text of the International Convention on the Protection of New Plant Varieties and gradually establishing and improving an administrative and judicial management system for the protection of new plant varieties with Chinese characteristics. China will revise the Seed Law for the third time in 2021, continuously increasing the protection of new plant varieties. With the overall improvement of China's seed industry innovation capacity, the call for stricter new variety protection systems from seed industry innovation entities is becoming increasingly high. Hainan has unique geographical advantages, and the Hainan Provincial Party Committee has listed the seed industry as one of the three pillar industries in the future. With the booming construction of Hainan Free Trade Port, the Nanfan National Laboratory, breeding material certification and benefit sharing platform, and the global animal and plant germplasm resource introduction and transfer base have gradually been built, and the seed industry development of Hainan Free Trade Port has entered a fast lane. The Intellectual Property Court of Hainan Free Trade Port has made great efforts to explore "first try", strengthen the protection of new plant variety rights, focus on solving the problems of "difficult evidence collection, long cycle, high cost and weak protection" in variety rights protection, actively respond to the challenges brought by the development of global seed industry, participate in comprehensive governance, source governance, encourage breeding innovation, and provide legal protection for the revitalization of China's seed industry and the construction of Southern Silicon Valley. Deepen the reform of the trial mechanism and improve the judicial protection system for intellectual property rights in the seed industry. The President of the Supreme People's Court, Zhang Jun, emphasized the need to closely focus on the theme of "fairness and efficiency" and seize the "practical" aspect of trial work. The Intellectual Property Court of Hainan Free Trade Port will closely focus on the eternal theme of "fairness and efficiency" in judicial adjudication, perform its duties and missions, give full play to the function of intellectual property adjudication to stimulate scientific and technological innovation, give full play to the policy advantages of Hainan Free Trade Port, base itself on the judicial adjudication function, deeply promote the reform of the "three in one" trial mechanism of seed industry civil, administrative and criminal, implement the concept of the strictest protection, and continue

Edit:Ying Ying    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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