Recently, the Intellectual Property Court of the Supreme People's Court of the Republic of China issued a special article on the Protection of Agricultural Innovation by law. It stated that a comprehensive assessment is used to determine the identity of varieties with the same core elements of the variety name and highly similar visual traits. The following article introduces the new judicial approach to determining the identity of new plant varieties, using two infringement cases involving...

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...

The challenges facing the plant breeding sector are multiple and unfold across different fronts. While there is broad consensus on the need to innovate in new plant varieties to reduce pesticide use, improve water efficiency, or adapt varieties to different climate conditions, we continue to see policymakers who move in the opposite direction. A clear example is the trade agreement between the European Union and MERCOSUR, a bloc composed of Argentina, Uruguay, Brazil, and Paraguay. The...