SPC: Infringers Still Shall Make Compensation After Infringing Seeds Are Sterilized

In March 2023, the Intellectual Property Tribunal of the SPC concluded three related cases involving disputes over infringement of plant variety rights. The cases focused on how to determine compensation liability after the infringing seeds were sterilized. The rulings of the three cases affirmed that unauthorized production of propagation materials of authorized varieties constitutes an infringement of others' variety rights, and where after the infringers fulfills their obligation of taking sterilization measures, the variety rights holder demands compensation for losses incurred, such claims should be supported.

The plaintiff in the original trial was the variety rights holder of hybrid corn seeds named "Yufeng 303" and "Zhongke Yu 505". The defendants (multiple individuals in multiple cases), without authorization, bred "Yufeng 303" corn seeds on 207 mu of land and bred "Zhongke Yu 505" corn seeds on 64 mu and 110 mu of land respectively in Liangzhou District,