China’s Supreme People’s Court Strengthens Plant Breeders’ Rights in Landmark Hawthorn Case

Recently, the Intellectual Property Court of the Supreme People's Court of the Republic of China ruled in favour of the right holders in an infringement case involving the new variety rights of the "Jin Ruyi" hawthorn plant, represented by Guangdong Knowpin Law Firm.

This case has been listed by the Supreme People's Court as a typical case of innovative judicial methods: the protection of Agricultural Innovation by law. The mother tree inspected on site during the variety-granting right process can be used as a standard sample for identity comparison, which provides a new solution for PBR protection of asexual reproduction crops.

Infringement Chain: Hidden Infringement Network

The infringing party, Mr. Li, has established a complete system for illegal propagation and sales. After legally purchasing "Jinruyi" seedlings from the right holder, the infringing party carried out large-scale propagation without authorization, breaking the Plant Breeding Rights (PBR) protection.

He used the name "Yellow Hawthorn" (similar to the core identification elements of the name of "Jinruyi Hawthorn") for publicity and promotion. The infringer also deliberately avoids legal supervision and sells infringing breeding materials through multiple channels, thereby forming a complete illegal industry chain.

Technical defense

In the first hearing, the legality of the DNA report was questioned, the identity of the varieties was denied, and the defendant’s position was that it was another variety.

Difficulties: technical defenses and evidence challenges

The infringing party raises three technical defenses:

• Doubting the source of the DNA test sample, claiming that the source of the control sample in the DNA test report was unknown;

• Denying variety identity, advocating that "Yellow hawthorn" was a different variety;

• A challenge to the DNA testing technique questioned the applicability of molecular detection methods.

These defenses took advantage of the technical difficulties in identifying new plant varieties and attempted to evade legal responsibility.

Legal breakthrough: Supreme People's Court establishes innovative recognition framework

The Supreme People's Court established an innovative recognition framework of "mother tree standard sample plus variety characteristics comparison plus comprehensive evidence chain" in the second hearing judgment.

The mother tree inspected on site during the process of granting variety rights can be used as a standard sample for identity comparison of authorized varieties. In the absence of standard samples retained by the Ministry of Agriculture and Rural Affairs, the morphological characteristics of the mother tree, as determined by on-site inspection by the approval authority, have legal effect, effectively addressing the pain point of missing standard samples.

By comparing key traits of two varieties in court, it is confirmed that the infringing variety is highly consistent with the authorized variety:

• Fruit characteristics: The skin color is yellow (core feature of "JinRuyi")

• Leaf morphology: Oval shaped, dark green, moderately lobed, strong luster, no fuzz

• Fruit shape: Flat, round fruit

• Significant difference: there is a significant difference in character between the "Altai Hawthorn" claimed by the infringer

Based on the fact that the name is similar ("Yellow Hawthorn" and "Jinruyi Hawthorn"), the characteristics are highly consistent, and the infringer has purchased the authorized products before, a complete chain of evidence has been formed, and the infringement is determined to be valid according to the high probability proof standard.

Case Value: Promoting the Upgrading of PBR Protection Standards

This case cracked the technical dilemma about "mother tree standard sample" rule, established in this case provides a legal basis for PBR protection without standard samples and fills the practical gap.

Lowering the threshold for rights protect: Through the intuitive method of comparing variety traits, the burden of proof for variety rights holders has been reduced, enabling small and medium-sized breeding enterprises to effectively protect their own rights and interests.

Unified Judgment Standard: Provides replicable judgment rules for similar cases, which helps to unify judicial practice standards.