On the change of Market order from the revision of seed Law

The revised draft of the seed Law under consideration has strengthened the protection of intellectual property rights and introduced the concept of "substantially derived varieties" to protect the legitimate rights and interests of the owners of new varieties of original plants. In the process of market circulation, penalties for illegal and infringing acts have also been increased to crack down on the widespread phenomenon of unfair competition in the seed market.

The current seed law has been implemented for 15 years since 2000. With the rapid development of China's seed industry, the ways of illegal infringement are also increasing. In recent years, in addition to bags, fake seeds flooded the market, there are a large number of white seed sales. The offender puts the infringing or inferior seeds in unmarked bags (that is, the packaging or labels do not indicate the seed name, manufacturer and other important information in accordance with the provisions of the seed Law.) sold to farmers through neighbors, acquaintances, friends and other channels. According to the provisions of the current seed Law, no matter how large the sales quantity is, an administrative fine of not less than 1,000 yuan and not more than 10,000 yuan can only be imposed, and other legal responsibilities cannot be investigated in accordance with the provisions of selling fake seeds and infringing trademark rights. This behavior is rampant because the cost of breaking the law is too low. Due to the lack of strong legal support, it is extremely difficult for law enforcement agencies to handle cases and protect the rights of enterprises, and many farmers also suffer heavy losses.

It is expected that this revision of the seed Law will bring the management of seeds without packaging and labels into the scope of supervision of fake seeds, so that those responsible for selling white seeds in the future will not only be subject to administrative punishment, but also be investigated for criminal responsibility.

It can be predicted that when the revised draft of the seed Law is deliberated and passed, China's seed market in the future will be a fair, orderly and healthy market.