An article by Guangdong Nuopin Office.-
One of the most emblematic Chinese cases in the plant breeding sector took place in 2023. The Chinese authorities addressed a complaint made by the company Palm Eco-Town and decided to impose the highest fine China has ever seen regarding plant breeders' rights.
The case dates back to 2021, when Palm Eco-Town, represented by the Guangdong Nuopin Office, a Chinese attorney office specialized in PBR and a member of CIOPORA, began investigating the potential illegal planting and propagation of their Camellia variety, "Xia Ri Qi Xin."
Investigation and Evidence Collection
Through a thorough investigation and continuous supervision of the targeted flower planting base, the Guangdong Nuopin team obtained relevant evidence of the infringement. The investigators employed both online and offline measures to ensure the evidence was complete and sufficient, which helped identify this infringement. They also conducted notarization to preserve the evidence.
In the process of collecting evidence, the company took samples of the seedlings under notarization and delivered them to Hangzhou, the test station of the National Forest and Grass Plant Variety Bureau.
DNA Analysis and Legal Action
Through DNA analysis and comparison of the varieties, the test results verified that the sample's genetic clustering was extremely close to “Xia Ri Qi Xin.” The Guangdong Nuopin Office actively advocated for identifying varieties through DNA analysis and testing, arguing that it significantly reduces the time needed to obtain adequate protection and resolve the difficulties associated with this type of process.
With the evidence preserved, the attorney's office legally submitted complaints to the Forestry Bureau in Gaozhou, promoted an on-site raid action against the target company, and ultimately acquired massive infringing camellias and relevant selling evidence.
Administrative Decision
Consequently, the Forestry Bureau adopted the DNA testing approach and confirmed the samples as the same variety, validating the infringement. The Chinese authorities found Lan illegally producing, propagating, and selling 5,000 “Xia Ri Qi Xin” seedlings. Further investigation revealed the infringer had also stored 10,610 seedlings illegally without authorization.
“This triumphant right protection on camellia will definitely enhance plant breeders' right
holders’ confidence in IP protection and also serves as a warning to illegal growers and individuals,” says Wei Zhanyang, Director & Chief lawyer at Guangdong Nuopin Office.
After 2 years of investigation and evidence analysis, the local Forestry Bureau made an administrative punishment decision against the infringer:
Lan was ordered to stop the infringement of Xia Ri Qi Xin Camellia, confiscate illegal gains of 28,500 yuan (USD 3,900), and forfeit 10,610 propagation materials.
Lan was fined 2,457,760 yuan (USD 337,139.20), eight times the value of these goods.
“This case is not only an effective strike against infringement acts but has also set a new milestone for the administrative enforcement and punishment of asexual reproduction. The success of this case indicates that we have placed increasing importance on asexually reproduced plant variety protection in China, and the relevant law has become increasingly robust,” added Wei Zhanyang, Director & Chief lawyer.
This case has become a significant milestone in the plant breeding sector thanks to the work done by CIOPORA member Guangdong Nuopin Office, a clear legal framework that protects plant breeders' rights, and the help of DNA testing. It demonstrates the importance of having a legal framework that respects and protects plant breeders' rights.
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