Draft Seed Law Amendment Targets Infringement Chaos

"Selling modified vehicles" requires the "original owner's" consent

The draft introduces the concept of "essentially derived varieties." An essentially derived variety is one derived from an original variety. The draft provides that an essentially derived variety may apply for and obtain plant variety rights, but producing, propagating or selling it requires the consent of the owner of the original plant variety right.

Fewer categories of major crop varieties subject to approval

The draft reduces the categories of major crop varieties subject to approval. Major crops are reduced from 28 to 5: rice, wheat, corn, cotton and soybean. The draft provides that for seed enterprises that combine breeding with production and operation and meet the statutory conditions, if a self-developed variety requires approval, they may complete the trials themselves in accordance with the approval measures.

Establishing a registration system for non-major crop varieties

To protect the legitimate rights and interests of breeders and maintain fair competition in the variety market, the draft provides that the agriculture administrative department of the State Council shall issue a registration catalogue of non-major crop varieties. Varieties included in the registration catalogue shall, before promotion, apply for registration and be announced before they can enter market operation and promotion. This fundamentally puts an end to the spread of the "one variety, multiple names" phenomenon.

Foreigners' access to China's germplasm resources will be restricted

To prevent the loss of superior germplasm resources, the draft provides that cooperation with foreigners, foreign enterprises or other foreign organizations in research on and utilization of germplasm resources shall be approved by the agriculture and forestry administrative departments of the State Council. Occupying germplasm banks, germplasm resource protection areas or germplasm resource protection sites requires the consent of the original establishing authority.