On March 17, the Supreme People's Court, through its official WeChat account, announced the release of 15 typical cases highlighting judicial protection of intellectual property in the seed industry. These cases were selected from the past year's concluded cases across courts nationwide. The goal is to leverage these cases to guide future decisions, strengthen IP protection, promote innovation, and ensure high-quality development in the seed industry. This effort supports the revitalization of the seed industry and national food security.
Key Features of the Released Cases:
Comprehensive Case Types: The cases include civil, administrative, and criminal cases. Specifically, there are 13 civil infringement and contract cases, 1 variety rights authorization administrative case, and 1 criminal case.
Wide Range of Varieties: The cases cover a broad spectrum of plant varieties, including major food crops like wheat, rice, and corn, as well as economic crops like peppers, melons, and soybeans.
Significant Disputed Interests: The economic stakes in these cases are high, with 8 cases involving disputed amounts exceeding one million yuan, and some cases reaching several hundred million yuan, drawing significant industry attention.
Judicial Orientations Reflected in the Cases:
Strict Protection: Enhancing criminal judicial protection to deter infringement. For instance, in the "Wo Yu 3" corn variety case, selling hybrid seed parent materials in violation of confidentiality agreements was criminalized as trade secret infringement. Punitive damages were actively applied in two cases, raising the cost of infringement. In the "Dan Yu 405" corn variety case, when the punitive damages base couldn't be precisely calculated, it was determined based on available evidence, resulting in full support for a 3 million yuan compensation claim. Other cases, like "Lihe 328" and "Denghai 605" corn variety cases, extended protection by holding individuals and companies accountable for aiding in rights infringement and ensuring full protection of rights holders' interests.
Active Performance of Duties: Using mediation and settlement to resolve disputes, achieving win-win outcomes. For example, in the "Wushan Siamese" rice variety cases, the court facilitated settlements between long-term partners in the seed industry, resolving old grievances and promoting mutual development.
Collaborative Enhancement: Promoting cooperation between civil judicial protection and administrative law enforcement for better overall protection. In the "Yuanke 105" corn variety case, the court used evidence from local agricultural authorities to increase damages for mixing genuine and fake seeds. In the "Hedou 33" soybean variety case, compensation was calculated based on output recorded in quarantine certificates. The "Nongmai 168" wheat variety authorization case clarified that DUS test locations should be determined based on the variety’s suitable growing conditions, providing clear judicial guidance for authorization procedures.
These typical cases are intended to guide and enhance the judicial protection of intellectual property in the seed industry, ensuring robust and effective legal support for innovation and development in this vital sector.
Case 1: Licensing Contract and Infringement Disputes Over the New Plant Variety "Wushan Simiao" Rice
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