On 5 July 2021, the Supreme People’s Court (“SPC”) issued its new judicial interpretation: Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Trial of Cases Involving the Disputes over Infringement upon the Rights of New Plant Varieties (II) (“Interpretation”). The Interpretation has come into effect since 7 July 2021.
The Interpretation extends its scope of protection and clarifies that the object of variety right protection is not restricted by the breeding method. The act of promising to sell and offering assistance in infringement, such as providing acquisition, storage and transportation, will also be covered in the Interpretation.
Punitive compensation is implemented in the Interpretation. In cases of infringement under serious circumstances, the amount of damages can be determined in accordance with more than two times the calculation base.
In addition, the Interpretation reduces the difficulty of rights protection and facilitates the variety right holders to defend their rights.
Source:
http://www.court.gov.cn/fabu-xiangqing-312021.html (Chinese)