On 18 April 2025, the executive meeting of the State Council approved the revised Regulations of the People's Republic of China on the Protection of New Plant Varieties (“the Regulations”), which came into effect on 1 June 2025. Besides, in October 2025, the PRC Supreme People’s Court published two cases[1] concerning infringement of plant variety rights reflect a clear trend for the test method.
1. Background
As China’s seed industry advances rapidly, new plant varieties have emerged as central achievements of agricultural innovation. Their protection under intellectual property rights has therefore grown increasingly important. The Regulations were promulgated in 1997. This is the first comprehensive revision compared to the previous revisions in 2013 and 2014. This revision is aimed at addressing gaps between the previous articles and current practices, such as the scope of protection, the criteria for loss of novelty, the degree of administrative enforcement, etc. At the same time, it aims to align the revised articles in the Seed Law of the People's Republic of China (“Seed Law”) revised in 2021.
2. Main revisions
The Regulations have made several substantive revisions centered around expanding scope of protection, extending protection term, streamlining authorization process and strengthening enforcement mechanisms. These changes are primarily reflected in the following seven aspects.
a) Expanded protection scope
The scope of protection under the Regulations now covers not only propagation materials such as seeds and seedlings but also harvested materials such as fruits and flowers. This means that even if an infringer only distributes harvested materials, the right holder of plant variety can still take legal actions against infringement. Besides, the scope of protected stages has been broadened from production, propagation, and sale to a full-chain protection system, including processing for propagation, offering for sale, import, export, and storage. This effectively addresses previous challenges in enforcement arising from the blurred boundaries between propagation and harvested materials. This makes it easier for the rights holders of plant varieties to enforce their rights.
b) Establishment of the Essentially Derived Varieties (“EDV”) System
For the first time at the PRC administrative regulations level, the Regulations formally establish the EDV system. Under this system, commercial use of the EDV requires prior authorization from the original right holder of plant varieties. Determination of the EDV status will primarily rely on molecular testing and phenotypic evaluation, with supplementary consideration of breeding processes when necessary. Notably, in October 2025, the PRC Supreme People’s Court’s published two cases[2] concerning infringement of plant variety rights reflect a clear trend for the test method. The courts no longer rely solely on testing reports. Instead, they apply a comprehensive framework for establishing identity, based on identical core elements in the variety name, high similarity in key morphological traits and supporting evidence such as testing reports. This is aim to more effectively resolve factual disputes in plant variety infringement cases.
Besides, the Regulations also specify that the EDV system will be implemented in phases, with specific application scope defined by a catalogue-based approach. An expert panel comprising specialists in breeding, testing, law, etc., will also be established to provide professional support for the implementation of the EDV system.
c) Additional circumstances for loss of novelty
The Regulations introduce new circumstances under which a variety may be deemed to lack novelty, to keep alignment with the Seed Law. These circumstances include:
(1) If the propagation materials or harvested materials of the variety have been promoted prior to the filing date, or have been promoted with the consent of the applicant, for more than one year within China; or for more than six years abroad in the case of trees and vines, and for more than four years abroad in the case of other plant varieties. It could be inferred from the recent case that the act of promotion without the variety owner’s permission does not affect the novelty of the new plant variety[3];
(2) A plant variety has been confirmed by the competent authorities that this plant variety has already achieved widespread cultivation, based on sowing area;
(3) A crop variety has been approved or registered for more than two years with no application for plant varieties.
d) Plant name compliance
The Regulations prohibit the use of variety names that infringe upon third parties’ prior rights (such as trademark rights). Besides, the same plant variety must use a single, consistent name across all procedures, including applications for plant variety protection, variety approval, variety registration, sale and promotion. Therefore, applicants are advised to conduct thorough search of existing names of plant varieties and third-party prior rights (e.g., registered trademarks) before filing to avoid refusal decisions during the preliminary examination.
e) Shortened Period for Preliminary Examination
The period for preliminary examinations of a plant variety application has been reduced from six months to three months, with an extension of three months for complex cases. Under Article 34 of the Regulations, the applicant is entitled to claim retroactive compensation for acts occurring between the publication date of the preliminary approval and the date of formal grant. Therefore, preliminary examination is a critical stage in the variety rights application process. The shortened examination period enables breeders to secure legal protection more quickly, facilitating faster market entry and strategic planning.
f) Extended protection term
The Regulations extend the protection term for trees and vines from 20 to 25 years, and for all other plant species from 15 to 20 years. This extension acknowledges the long breeding cycles typical of trees and vines and aims to ensure fair returns on investment for breeders engaged in long-term development projects.
Although China remains a member of the 1978 version of the International Convention for the Protection of New Varieties of Plants (“UPOV”) (UPOV Publication no: 295), this revision aligns the protection terms with Article 19 of the 1991 version of the UPOV (UPOV Publication No. 221).
This ongoing alignment reflects China’s broader engagement with UPOV standards. In October 2025, the Chinese delegation attended UPOV’s annual series of meetings in Geneva and successfully facilitated the adoption of the Program for the use of the Chinese language in UPOV.
Notable, the extended terms may apply only to new varieties granted after the effective date of the revised Regulations, because there is no explicit provision addressing whether the longer protection term applies retroactively to already granted plant varieties.
g) Enhanced administrative enforcement
First, the authority to impose administrative penalties has been released from provincial-level agricultural and forestry departments to county-level authorities. This decentralization facilitates earlier detection and faster response to infringement activities.
Second, the maximum fine for infringement has been increased from five times the value of the goods involved to ten times. Besides, a new minimum penalty of RMB 10,000 has been introduced.
Third, the Regulations grant administrative authorities expanded investigative powers, including the right to:
(1) enter production or business premises for on-site inspections;
(2) take samples of propagation or harvested materials for testing, trials or inspection;
(3) seal or seize tools, equipment and transport vehicles used in infringing activities or in the falsification of registered varieties; and
(4) seal premises where acts of variety rights infringement or unauthorized use of protected varieties occur.
These enhanced powers of administrative enforcement provide strong support for efficient evidence collection and reinforce the capacity of administrative agencies to combat infringements.
3. Conclusion
As of the end of 2024, the National Forestry and Grassland Administration has issued nine batches of the Catalogue for Protection of New Forest and Grass Plant Varieties, covering 313 species. A total of 12,080 applications for new plant variety rights have been filed, in which 5,848 were granted. This rapid growth in application and grant volumes highlights the increasing challenges faced by the existing protection system, particularly in protection scope, examination efficiency and enforcement.
The Regulations not only reflect the main revisions of the Seed Law, but also establish a more efficient system for the protection of plant varieties. It is of significance for stimulating innovation in China’s seed industry and for standardizing market order.
Going forward, the successful implementation of the Regulations will depend on further clarifying the practical rules for the EDV system, improving testing standards and strengthening practical enforcement.
All breeding enterprises shall proactively adapt to the Regulations by enhancing portfolio management of plant varieties, monitoring infringement in the market and actively safeguarding their rights through administrative enforcement authorities.
[1] (2024) Supreme People’s Court IP Civil Appeal No. 1201 and (2024) Supreme People’s Court IP Civil Appeal No. 44
[2] (2024) Supreme People’s Court IP Civil Appeal No. 1201 and (2024) Supreme People’s Court IP Civil Appeal No. 44
[3] (2024) Supreme People’s Court IP Civil Appeal No. 891
