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In recent years, the problem of homogenization of seeds of major food crops has become more prominent, and variety selection has remained on the modification and improvement of major popular varieties and core parents, resulting in a narrow genetic basis for varieties
——Wan Jianmin, Academician of Chinese Academy of Engineering, Professor of Chinese Academy of Agricultural Sciences
On August 17, the 30th meeting of the Standing Committee of the 13th National People's Congress opened in Beijing, and the draft amendment to the Seed Law was submitted to the General Assembly for deliberation
"This revision aims to expand the scope of intellectual property rights protection for new plant varieties, extend the protection links, improve the level of protection, intensify the protection efforts, and use the system orientation to stimulate the vitality of original innovation
Draft amendments incentivize original innovations in breeding
"Seeds are the foundation of agricultural modernization.
Liu Zhenwei introduced that the focus of this revision is to expand the protection scope and links of new plant variety rights
In order to stimulate original innovation in breeding and solve the serious problem of seed homogeneity from the source, the draft amendment establishes a substantial derivative variety system, clarifying that substantial derivative varieties can apply for new plant variety rights and can be authorized, but they are for commercial purposes.
Wan Jianmin said that the protection of new plant variety rights has risen from the "frequently fledgling" to the gradual establishment of a substantial derivative variety system to the legal level.
Improve the tort compensation system and legal liability
In order to improve the deterrent force against infringement of new plant variety rights, the draft amendment increases the amount of punitive damages.
"In order to strengthen the management of seed production, especially fruit tree seedling production inspection and quarantine, and prevent fruit tree seedlings carrying epidemic diseases from entering the market, the draft amendment clarifies that there are no isolation and cultivation conditions for breeding seeds, and no seeds without quarantine pests.
(Science and Technology Daily Ma Aiping)