Following our firm's successful representation of the
Scilate (Envy) plant variety case, which was subsequently
recognized by the Supreme People's Court as a landmark case in
the judicial protection of plant variety rights, we have frequently
been asked about the keys to successful enforcement. Drawing from
our practical experience, we have developed an effective litigation
strategy we refer to as the "Three Killer Moves'. This
term is inspired by the legendary three killer moves of Cheng
Yaojin, a character in the Chinese classic Romance of the Sui and
Tang Dynasties, known for his swift and decisive tactics that could
turn the tide of battle.
The core challenge in plant variety infringement litigation lies
in proving that the defendant has used the protected variety
without authorization. This evidentiary process involves several
tightly connected steps. When properly executed, the "Three
Killer Moves' strategy enables right-holders to build a strong
case. These
