Why is the Supreme Court of Intellectual Property keeping a close eye on a small seed?

2023-10-16

Do farmers also have intellectual property rights in their fields? The "Jinjing 818" rice seed licensing infringement case, in which the infringer was awarded a punitive compensation of 3 million yuan by the Supreme People's Court, was selected as one of the "Top 10 Cases of Promoting the Rule of Law in the New Era in 2021". The Intellectual Property Court of the Supreme People's Court is closely monitoring small seeds, conveying a strong signal that the People's Court strengthens the judicial protection of intellectual property rights in the seed industry. This case is a typical example of seed fraud, where the infringer used internet information platforms to organize the sale of white bag seeds and covered up the infringement in the name of business entities such as' farmers' and 'grain growers'. The behavior was concealed and the means were renovated, "said Luo Xia, the presiding judge of the case. The concealment of infringement behavior is one of the characteristics of cases involving new plant varieties accepted by the Supreme Intellectual Property Court in recent years. In addition, cases involving new plant varieties also exhibit characteristics such as a significant increase in disputes over economic and ornamental crop variety rights, diversified litigation paths for variety owners, complex types of infringement subjects, increased difficulty in balancing interests, and hidden liability bearers. Fa Zhi Pan Chinese cuisine, all grains are property rights. How to "fight a successful seed industry turnaround battle"? How about making the people "eat something good"? The Supreme Court of Intellectual Property is firmly walking on the path of seed industry revitalization, fully protecting small seeds. Accurately snipe at the "Li Ghost" without any hidden form. "Good breeds have more grain to eat, but inferior breeds have yellow seedlings. Some farmers bought fake and inferior seeds in the market, but the yield did not increase at the time of harvest, but instead decreased or even ceased. Although a seed is small, cultivating a new variety usually takes years or even decades, embodying the tremendous efforts of researchers. In addition, illegal individuals who use the brand packaging of legitimate seeds during sales also damage the interests and brand reputation of legitimate seed producers and operators. The so-called license infringement usually includes directly applying the name of another person's seed to one's own variety, or using one's own seed to apply the name of another person's variety. In order to catch the endless "Li Gui", the highest method showcases the precise "shooting technique" of piercing through every step. The Several Provisions of the Supreme People's Court on the Specific Application of Legal Issues in the Trial of Disputes over the Rights of New Plant Varieties (II), which came into effect on July 7, 2021, have increased the protection of the rights of new plant varieties, particularly strengthened the crackdown on fraudulent infringement, and stipulated that the people's court can infer that the breeding materials of the sued infringing varieties with the same name as the authorized varieties belong to the authorized variety breeding materials, Imposing the burden of proof to prove that the two do not belong to the same variety on the accused infringer greatly reduces the difficulty of proof for the variety owner and provides greater convenience for the variety owner to protect their rights; For those who use the same name as the authorized variety, but the claimed infringing variety breeding material does not belong to the authorized variety breeding material, the act of counterfeiting the registered trademark shall be strictly dealt with; For fraudulent acts of infringement that involve repeated infringement, business based on infringement, or illegal operation, punitive damages shall be applied with a heavier punishment. Seeds are the 'chips' of agriculture, and the protection of intellectual property rights in the seed industry is related to national food security and the self-reliance and self-reliance of agricultural technology. "Deng Xiuxin, Vice President of the Chinese Academy of Engineering, said that through the" Jinjing 818 "case, it can be seen that the people's court accurately defines the nature of platform business behavior and uncovers the infringers

Edit:Jia Jia    Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>