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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
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.
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.
"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
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
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
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
At present, China's corn and soybean yields are still relatively low, less than 60% of the world's advanced level
The revised Seed Law provides for substantively derived varieties
"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
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
"The more innovative variety traits, the more highly protected they should be
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
The revised seed law further increases the penalties for fake and inferior seeds
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
.