This article, published in the "Foreign Legislation" series by the National Diet Library, explains China's Plant Variety Protection Regulation amendment. Authored by Motoo Yuno, it analyzes State Council Order No. 807 published on April 29, 2025, and implemented on June 1, 2025.
Amendment Background and International Trends
To ensure domestic self-sufficiency of food, China promotes autonomous development of plant varieties, with new variety applications ranking first globally since 2017. As a signatory to the 1978 revised International Convention for the Protection of New Varieties of Plants (UPOV Convention), China is advancing legal framework development toward ratification of the more advanced 1991 revised convention, considering membership in the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), with this amendment implemented as part of this effort.
Expansion of Breeder's Rights Protection Scope
Before amendment, only reproductive materials (seeds, etc.) were prohibited from commercial production and sale without breeder's rights holder permission, but this regulation now requires breeder's rights holder permission for production, sale, import/export, and storage of reproductive materials and harvested products obtained from them, as well as essentially derived varieties, following Article 28 of the amended Seed Law of 2021. Additionally, the state will implement related systems for essentially derived varieties gradually, with determination through genetic testing.
Shortened Review Period and Clarified Conditions
Preliminary review period for breeder's rights applications was shortened from within 6 months to within 3 months, with possible 3-month extensions for complex cases. Breeder's rights are not granted to new varieties harming public social interests or natural environment, with loss of novelty considered when sales/promotion activities or actual cultivation area-based de facto dissemination occur, or when variety registration exceeds 2 years without application.
Protection Period Alignment with International Standards
Aligning with convention provisions, protection periods for woody plants (trees) and vine plants were extended to 25 years from grant publication date, and 20 years for other plants. Previously, vine plants and fruit trees were 20 years and others were 15 years, but this amendment aligns with international standards.
Strengthened Legal Responsibilities
Party consultation systems for breeder's rights infringement cases and application systems to prefecture-level and above government competent departments were established, with increased fines for breeder's rights impersonation. Prefecture-level and above government competent departments have clearly specified powers including production site inspections, reproductive material sampling inspections, and seizure of tools used in infringement activities, while also establishing compensation liability exemption provisions for unknowing infringement.
The article demonstrates China's plant variety protection system as comprehensive amendment balancing alignment with international standards for CPTPP membership consideration and domestic agriculture competitiveness strengthening.