Strengthen the effective connection between administrative law enforcement and criminal justice, and comprehensively improve the level of intellectual property protection in the seed industry

Our reporter Yang Xiaojing

Recently, the Ministry of Agriculture and Rural Affairs, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, and the State Intellectual Property Office jointly issued the "Protection of Intellectual Property Rights in the Seed Industry to Combat Counterfeiting and Infringement in the Seed Industry".

Build a good environment for innovation and development of seed industry

In recent years, with the continuous improvement of the scientific and technological level of the seed industry, the pace of breeding of varieties in China has been accelerated, and the number of varieties has continued to increase, which better meets the needs of agricultural production seeds

The "Opinions" not only focus on solving the current outstanding problems, but also focus on building a system and mechanism that will lay a foundation for the long-term benefit, comprehensively use legal, economic, technical, administrative and other means to improve legislation, strengthen the judiciary, strictly enforce the law, technical standards, social Supervision and other five aspects put forward specific and specific measures to consolidate the institutional foundation of intellectual property protection in the seed industry, strengthen the effective connection between administrative law enforcement and criminal justice, severely crack down on illegal and criminal acts of counterfeiting and shoddy brand infringement, and build a good environment for the innovation and development of the seed industry

strengthen judicial protection

In response to problems such as difficulty in tracing, obtaining evidence, investigation and punishment, and weak deterrence in seed industry infringement cases, the person in charge said that the "Opinions" emphasized the need to strengthen judicial protection, promote the effective connection between administrative law enforcement and criminal justice, and increase the number of illegal and criminal activities related to seed industry.

The first is to innovate the case trial mechanism

Strict variety management

Strict variety management is an important means to strengthen the protection of intellectual property rights in the seed industry

One is to improve the standards for variety approval

Strengthen administrative law enforcement

Strengthening the protection of intellectual property rights in the seed industry and cracking down on illegal acts such as counterfeiting and counterfeiting are important tasks for agricultural administrative law enforcement

Promote social supervision and co-governance

Promoting social supervision and co-governance, guiding the active participation of multiple parties, and establishing a diversified dispute resolution mechanism are important ways to strengthen the protection of intellectual property rights in the seed industry

One is to strengthen industry self-discipline

Strengthening the protection of intellectual property rights in the seed industry involves a wide range of aspects, and it is necessary to comprehensively use a variety of means to improve the protection system from the aspects of review and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, and citizen integrity, strengthen coordination and cooperation, and build a large-scale protection work pattern

"China Food News" (03 edition on March 31, 2022)

(Editor-in-charge: Yang Xiaojing)