The Fourth Batch of Typical Cases of Judicial Protection of Intellectual Property Rights in Seed Industry by People's Courts Issued by the Supreme People's Court
2024-03-18
In order to fully leverage the guiding role of typical cases, strengthen the protection of intellectual property rights in the seed industry, and promote innovation and high-quality development of the seed industry through high-level judiciary, the Supreme People's Court released the fourth batch of typical cases of judicial protection of intellectual property rights in the seed industry by people's courts on March 17th. There are a total of 15 typical cases released this time, involving three categories of civil, administrative, and criminal cases in the protection of intellectual property rights in the seed industry. Among them, there are 13 cases of civil infringement and contract, 1 administrative case of variety rights authorization, and 1 criminal case. The plant varieties involved cover a wide range, including major grain crops such as wheat, rice, and corn, as well as economic crops such as chili peppers, cantaloupes, and soybeans. The economic value of the varieties involved in the case is relatively high, with 8 cases having disputed amounts exceeding one million yuan, and some cases even reaching hundreds of millions of yuan, receiving widespread attention in the industry. The typical cases released this time reflect the judicial orientation of people's courts in adhering to strict protection. In the case involving the infringement of trade secrets by parents of the "Woyu 3" corn variety, the act of selling hybrid breeding materials to the outside world in violation of confidentiality agreements was convicted and punished with a fine, and the punishment for seed related crimes was increased. In the "Danyu 405" corn plant new variety infringement case, when it is difficult to accurately calculate the punitive compensation base, it can be determined based on the evidence in the case, and the second instance fully supports the right holder's claim for compensation of 3 million yuan. In the "Lihe 328" corn plant new variety infringement case, the act of knowingly selling a specific parental combination for the production of authorized hybrid varieties is recognized as aiding in the infringement of hybrid variety rights and effectively extending the protection of hybrid variety rights. In the "Denghai 605" corn plant new variety infringement case, it was ordered that the actual controller of the company, who used the company as an infringement tool, and the company bear joint and several liability. In the "Wannuo 2000" corn plant new variety infringement case, it was ordered that the organizers who led the production and reproduction of multiple people should bear corresponding responsibility for all the accused infringement behaviors committed by the organized persons, to maximize the protection of the interests of the rights holders. In the "Audrey" chili plant new variety infringement case, the prior agreement between the infringer and the variety owner is used as an important reference to determine infringement compensation, solving the problem of providing evidence for infringement compensation. Among the 11 civil cases of infringement of variety rights that were concluded by judgment, 4 compensation requests were fully supported, and 4 received compensation amounts exceeding one million yuan. The typical case released this time reflects the people's court's insistence on active performance of its duties, making full use of mediation and settlement methods to resolve disputes, and achieving win-win results. In the two cases of the implementation license contract and infringement of the "Wushan Silk Seedling" rice plant new variety, the involved enterprises were both leading enterprises in the seed industry and had a long-term cooperation foundation. The trial court made efforts to facilitate reconciliation between the two parties, completely resolve their grievances, and achieve win-win development. The case also reflects that the people's court actively promotes the coordination of civil judicial protection and administrative law enforcement protection, and improves the overall protection effect. In the infringement case of "Yuanke 105" corn plant new variety, based on the sampling, inspection, and on-site inspection records of seeds by the local agricultural administrative department, it was determined in accordance with the law that the infringer "mixed genuine and fake" to evade supervision, and based on this, the compensation efforts were increased. In the infringement case of "Hedou 33" soybean plant new variety
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://rmfyb.chinacourt.org
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