Recently, the Seed Management Department of the Ministry of Agriculture and Rural Affairs, the Science and Technology Development Center of the Ministry of Agriculture and Rural Affairs, and the Legal Service Center of the Ministry of Agriculture and Rural Affairs jointly published the Top Ten Typical Cases of new varieties of agricultural plants in 2020 including "Cai Xinguang v. Guangzhou Runping Commercial Co., Ltd. for infringement of new varieties of pomelo "Sanhong Pomelo Case" and others.
It is reported that the Top Ten typical cases of new agricultural plant variety protection in 2020 released this time are based on the disputes of new agricultural plant varieties in the past two years. They have been reviewed by experts and lawyers from the Supreme People’s Court, the Law Institute of the Chinese Academy of Social Sciences and other units. It is finalized after the procedure. These typical cases are mainly about the protection and review of the variety rights of field crops, involved eight cases of corn, rice, and wheat varieties and two cases of disputes over the infringement of asexual breeding varieties. The types of issues involved in the case are newer than in the past, brought new enlightenment to rights protection in the determination of legal source defense, legal status of licensees, determination of joint infringement liability, and determination of electronic evidence. The case also reflects the difficulties in the field of protection of new plant varieties, such as low protection level, difficulty in safeguarding rights and obtaining evidence, and low damage compensation.