Revised Regulations on the Protection of New Plant Varieties Released in China

China's State Council announced a new set of Regulations on the Protection of New Plant Varieties.

Released on May 1, 2025, and to be enforced starting June 1, 2025, the National Ordinance No. 807 contains the following salient features:

• An expanded scope of protection for new plant varieties will be adopted, explicitly including harvested materials obtained from unauthorized use of propagation materials. A step-by-step implementation of a substantially derived variety system will commence, wherein varieties predominantly derived from a protected variety will also require permission from the original variety right holder.
• Enhanced enforcement and penalties for infringement and counterfeiting of authorized varieties will be in place. Competent authorities shall have greater power to order cessation of infringing acts, confiscate illegal gains and materials, and impose significantly higher fines, with criminal liability applicable for crimes committed.
• The updated regulations detail the exclusive rights of variety right holders, clarify ownership in various breeding processes, and refine the application and examination procedures for variety rights. 

The revised regulations will be implemented by the competent departments of agriculture and rural affairs and forestry and grassland.

Read more from China IP Law Update and the original document in Chinese.