In order to fully utilize 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, on March 20th, the Supreme People's Court released the fifth batch of 15 typical cases of judicial protection of intellectual property rights in the seed industry by the people's courts. The typical case types released this time are extensive, including 13 civil cases, 1 administrative case, and 1 criminal case; There are both cases concluded by judgment and mediation cases; There are cases of infringement of new plant varieties, as well as cases of unfair competition and contract disputes. In addition, the case involves multiple varieties, including major crop varieties such as rice, wheat, corn, and soybeans, as well as fruit and flower varieties such as apples, pineapples, roses, and roses. The Supreme People's Court stated that these cases reflect the enrichment and expansion of the judicial protection of intellectual property rights in the seed industry by the people's courts in the past year, reflecting the following judicial orientation: firstly, to adhere to strict protection and effectively safeguard the legitimate rights and interests of innovation subjects and breeders. In the "Gangyou 188" rice variety infringement case, it was determined that acquiring the approved variety in a legal form cannot naturally resist the infringement claims of the variety rights holder, and the infringer still needs to bear the liability for damages. In the case of infringement of the "Tianshan Xiangyun" rose variety, it is explicitly stated that the principle of exhaustion of rights does not apply to the re breeding of sold breeding materials, and fully supports the right holder's appeal for compensation. In the "Jinjing 818" rice variety infringement case, it was ordered that the actual controller of a one person limited company that played an organizational and decision-making role in the occurrence of the infringement, as well as other personnel who received company payments through personal accounts and directly participated in the infringement, shall bear joint and several liability for compensation with the company. In the "Oil 6019" soybean variety infringement case, it was determined that the act of producing and selling authorized variety breeding materials in non approved areas without the permission of the variety owner still constitutes infringement. In the case of unfair competition by using the name of a well-known breeder without permission, it is determined that the commercial use of the name of a well-known breeder on the outer packaging of goods in the form of inscriptions and signatures without permission, which leads people to mistakenly believe that there is a specific connection with the well-known breeder, constitutes unfair competition behavior and effectively safeguards the legitimate rights and interests of breeders. The second is to innovate judicial measures and continuously improve the effectiveness of judicial protection. In the infringement cases of rice varieties such as "Gangyou 188" and corn varieties such as "Xianyu 508", in the absence of direct evidence on the number of infringing seeds, a calculation method favorable to the variety rights holder was chosen, and the damage compensation was determined by referring to the number of seed registrations on the Chinese seed industry big data platform, providing a new approach to solving the problem of calculating the compensation amount. In the infringement cases of varieties such as "Hongyunlai" pineapple and "Jingnuo 6" corn, for specific varieties that lack paternity testing standards or molecular marker testing standards, the technical facts are determined through the transfer of burden of proof, scientific examination of testing methods, and other means, effectively solving the problem of technical fact determination caused by the lack of identification standards. The third is to make good use of diverse dispute resolution and strive to promote win-win situations. In the cases of infringement of rose varieties such as "LEXTEEWS" and disputes over planting contracts involving "hand torn pineapples", the trial court adhered to the principles of justice for the people and equal protection, increased mediation efforts, promoted empathy and empathy among all parties, transformed "infringement implementation" into "legal permission", changed "going to court" into "win-win cooperation", and achieved a solid case conclusion and political harmony. The fourth is to strengthen criminal sanctions and build a strong legal defense line for seed industry safety. In the case of infringing trade secrets involving the "Quanyou 822" rice variety, Deng Mujin and four others were found to have committed the crime of infringing trade secrets. They were sentenced to imprisonment ranging from one year and two months to ten months, and fined from 200000 yuan to 20000 yuan, severely cracking down on criminal activities in the seed industry. The Supreme People's Court stated that in the next step, the people's courts will strengthen the protection of intellectual property rights in the seed industry through more benchmark cases, continuously optimize judicial protection mechanisms, and strive to provide higher quality and efficient judicial services and guarantees for the innovative development of the seed industry. (New Society)