China's Supreme Court Releases 5 Typical Plant Variety Protection Cases

WISECODE Take

The Supreme People's Court released 5 typical cases on plant variety protection on October 15, 2026, signaling a shift toward heavy damages and strict personal liability. In the 'Qinguo No. 9' passionfruit case, the court used the defendant's advertised 2 million seedlings at RMB 3.8 each to award RMB 7.6 million. In the 'Yuanke 105' corn case, a shell-company attempt to evade debt incurred RMB 1.2 million in punitive damages. For breeding companies, evading liability through corporate restructuring or government promotion defense is no longer viable; businesses unassociated with seed propagation remain unaffected. Zhidian assists enterprises with patent portfolio checkups to clarify licensing boundaries. First, review public marketing figures, as courts adopt them to calculate damages. Second, secure formal written contracts rather than assuming government policy implies legal licensing. Plant variety enforcement now relies on reasonable estimation based on promotional claims, making marketing exaggerations potential evidence against you.