The "One Variety, One Name" Rule For Plant Varieties

The SPC recently concluded an appeal case involving an infringement dispute over new plant variety rights where the party claimed "one variety, multiple names". The SPC in the second-instance judgment in this case held that for the same variety, the same name should be used when applying for new plant variety protection, variety approval, variety registration, and promotion and sale, and the parties involved must comply with the provisions of the Seed Law and relevant administrative regulations on the principle of "one variety, one name". Regardless of whether you apply for variety approval first or apply for new plant variety rights first, the same name should be used in subsequent stages to ensure that the characteristics of the variety are consistent with the standard sample, thereby preventing the occurrence of the phenomena "one variety, multiple names" or "multiple varieties, one name".