echemi logo
Product
  • Product
  • Supplier
  • Inquiry
    Home > Food News > Food Articles > How does the newly revised Seed Law escort the development of China's seed industry?

    How does the newly revised Seed Law escort the development of China's seed industry?

    • Last Update: 2022-01-09
    • Source: Internet
    • Author: User
    Search more information of high quality chemicals, good prices and reliable suppliers, visit www.echemi.com

    The 32nd meeting of the Standing Committee of the 13th National People's Congress, which closed on the 24th, made the latest amendments to the seed law
    .

    As "agricultural chips", seeds are related to "Chinese rice bowls
    .
    " How will the newly revised seed law exert its strength to escort the development of China's seed industry? The reporter of "Xinhua Viewpoint" interviewed relevant experts

    .

    Aspect 1: From the production of propagating materials to harvesting materials, the whole chain protects the rights of new plant varieties

    In recent years, various localities have stepped up law enforcement in the seed industry, but seed infringements such as counterfeiting and misappropriation are still common.
    What is more difficult is that it is difficult to obtain evidence and defend rights.
    This has led to the phenomenon that "whoever engages in original innovation is taken a long time

    .
    "
    The person in charge of a certain industry enterprise in Hunan said that the company finds three or four infringement incidents every year

    .

    Compared with the Seed Law revised in 2015, the newly revised Seed Law has expanded the protection scope and protection links of new plant variety rights, extending the protection scope from the propagation materials of authorized varieties to harvesting materials, and the protection links from production, reproduction, and sales.
    extended to the production, reproduction and for the breeding and processing, offering for sale, sale, import, export, storage and so on

    .

    "The newly revised Seed Law expands the content and scope of protection of new plant variety rights, and will give variety rights owners or stakeholders more opportunities to obtain evidence to claim their rights
    .
    " Deputy Director, Institute of Crop Science, Chinese Academy of Agricultural Sciences Liu Luxiang said

    .

    Liu Luxiang explained that protecting new plant variety rights from the entire chain can solve many practical problems in seed infringement and better protect the legitimate rights and interests of right holders
    .
    For example, plant species such as forest fruits are vegetatively propagated, and they are bred by grafting cuttings.
    Once infringed, it is difficult to obtain evidence from the production of propagating materials

    .
    According to the new law, this kind of situation can be obtained by verifying the harvested products to protect the property rights of varieties

    .

    In order to increase the deterrence against infringements on the rights of new plant varieties, the revised Seed Law has further increased the amount of punitive damages
    .
    If the amount can be determined for the loss of the right holder or the benefit obtained by the infringer or the variety right license fee, the upper limit of the amount of compensation shall be increased from three times to five times

    .
    If it is difficult to determine the amount, the compensation limit shall be increased from 3 million yuan to 5 million yuan

    .

    Aspect 2: Establish a substantive derivative variety system to strengthen the protection of original innovation

    Seeds are an important foundation for ensuring national food security and effective supply of important crops
    .
    Although China’s provenance is able to meet the demand on the issue of “whether it is available or not, to ensure survival” based on domestic sources, there is still a big gap in the good provenance and high quality of some varieties, and it is necessary to continue to create a good atmosphere that encourages independent innovation

    .

    At present, China's corn and soybean yields are still relatively low, less than 60% of the world's advanced level
    .
    Seeds such as sweet peppers and storable tomatoes in vegetables are imported from abroad

    .
    One third of the commercial grass seeds need to be imported, and 80% of the high-quality and high-yield alfalfa seeds are foreign varieties

    .

    The revised Seed Law provides for substantively derived varieties
    .
    A substantively derived variety refers to a variety that is substantially derived from the original variety or a substantially derived variety of the original variety.
    It is clearly different from the original variety.
    In addition to the difference in characteristics caused by the derivation, it expresses the genes of the original variety.
    The basic traits produced by the type or combination of genotypes are the same as those of the original variety

    .

    "The proposal to establish a substantive derivative variety system is precisely a major measure taken to strengthen the protection of original innovations, and it is also an important highlight of the new seed law
    .
    " said Li Jingpeng, a senior engineer at the Northeast Institute of Geography and Agroecology, Chinese Academy of Sciences

    .

    At present, the breeding of many varieties in China is stuck on the modification and improvement of the main popularized varieties and core parents, resulting in a narrow genetic basis of varieties, many certified varieties but few breakthrough varieties, and serious homogeneity problems
    .
    Li Jingpeng said that the implementation of the system of substantive derived varieties and clarifies that before substantive derived varieties enter the market, they need to obtain the consent of the owner of the new plant variety rights of the original varieties, which will further strengthen the protection of original innovations

    .

    "The more innovative variety traits, the more highly protected they should be
    .
    " Liu Luxiang believes that it is foreseeable that after the implementation of the revised seed law, the certification of some varieties that are highly similar to the core parental traits will be restricted, and the total number of certifications will also be limited.
    Will be greatly reduced

    .
    In this way, seed intellectual property rights will be better protected, which will truly and effectively stimulate the original innovation of the seed industry.
    At the same time, it will also facilitate the activation of international cooperation in the seed industry and the introduction of the latest and finest foreign varieties

    .

    Highlight 3: Intensify the crackdown on fake and inferior seeds, and let the seed industry market develop healthily

    Before the autumn planting this year, some seed dealers in northern Anhui reported that some criminals sold the "three noes" wheat seeds without production date, manufacturer name, and national approval number on the packaging to local farmers
    .
    Since the price per catty is lower than that of regular seeds, many farmers choose to buy them in order to reduce costs

    .
    But once a problem occurs, not only the legitimate rights and interests of farmers will not be effectively protected, but it may even cause hidden dangers to food security

    .

    The revised seed law further increases the penalties for fake and inferior seeds
    .
    Increase the amount of fines related to the production and operation of fake seeds from "10,000 yuan to 100,000 yuan" to "20,000 yuan to 200,000 yuan"; the related fines for the production and operation of inferior seeds from "5,000 yuan or more" "Below 50,000 yuan" will be raised to "more than 10,000 yuan and less than 100,000 yuan"

    .

    Those who no longer have the isolation and cultivation conditions for propagating seeds, or no longer have seed production sites free of quarantine pests, or seed collection forests determined by the forestry and grassland authorities of the people's government at or above the county level, continue to engage in seed production, and fail to perform seed inspection , Seeds produced under quarantine regulations will be held accountable for legal responsibility
    .

    "Further intensify the crackdown on the production and management of fake and inferior seeds, and regulate seed production, especially fruit tree seedling production inspection and quarantine management, which will help protect the interests of the people and maintain the healthy and safe development of the seed market
    .
    " Li Jingpeng said

    .

    Aspect 4: Strengthen the protection of germplasm resources and consolidate the foundation of seed industry innovation

    The revised Seed Law also specifically refers to the collection of rare, endangered, unique resources and characteristic local varieties in the article on the state's planned census, collection, sorting, identification, registration, preservation, exchange and utilization of germplasm resources
    .

    It is understood that due to many factors, the type and quantity of China's germplasm resources have decreased significantly, and the risk of disappearance of local varieties and wild relatives of major crops has increased
    .
    At present, the loss ratio of the number of local varieties of major food crops is as high as 71.
    8%

    .
    Some excellent forest and grass germplasm resources are often lost through trade, scientific research, and cooperation

    .

    Ma Hongyuan, a researcher at the Northeast Institute of Geography and Agricultural Ecology of the Chinese Academy of Sciences, said that further strengthening the protection of germplasm resources from a legal height will help promote the formation of a protection and utilization mechanism of "protection with use and use to promote protection", and will provide more innovation for future breeding innovations.
    A good germplasm base is even of great significance to global biodiversity

    .

    This article is an English version of an article which is originally in the Chinese language on echemi.com and is provided for information purposes only. This website makes no representation or warranty of any kind, either expressed or implied, as to the accuracy, completeness ownership or reliability of the article or any translations thereof. If you have any concerns or complaints relating to the article, please send an email, providing a detailed description of the concern or complaint, to service@echemi.com. A staff member will contact you within 5 working days. Once verified, infringing content will be removed immediately.

    Contact Us

    The source of this page with content of products and services is from Internet, which doesn't represent ECHEMI's opinion. If you have any queries, please write to service@echemi.com. It will be replied within 5 days.

    Moreover, if you find any instances of plagiarism from the page, please send email to service@echemi.com with relevant evidence.