Chairman Ning Gaoning proposed to boost seed industry’s IPR legislation

Food can make the world safe, and seeds forge the cornerstone. After the Central Economic Work Conference proposed "fighting for a turnaround in the seed industry", the No. 1 document of the CPC Central Committee issued in 2021 made specific arrangements for the development of the seed sector, centering on "comprehensively promoting rural revitalization and accelerating agricultural and rural modernization."

To ensure food security, the key lies in the implementation of “gaining food from technology," and the seed, the agricultural chip, is the core carrier of "gaining food from technology". Ning Gaoning, Member of the Standing Committee of the CPPCC National Committee, Chairman of Sinochem and ChemChina, proposed during the two Sessions to step up intellectual property legislation in the seed industry, encouraging substantive innovation and enhancement of the industry. "We must rely on scientific and technological innovation to win the turnaround battle of the seed industry, and strengthening the protection of intellectual property rights is a prerequisite.”

Ning said that China's current Regulation on the Protection of New Plant Varieties, complying with the earlier version of the UPOV (The International Union for the Protection of New Varieties of Plants) Convention, needs intensifying on the protection of original innovations as it is believed not strict enough on follow imitation and imitated modification of breeding.

In addition, the enforcement of laws and regulations on intellectual property of the seed industry needs to be promoted too. In some areas, similar varieties are flooding in the seed markets, which, to some extent, dampens the enthusiasm of breeding innovation.

Ning believed that strengthening intellectual property protection will stimulate China's seed industry innovation momentum and guide enterprises to invest more in science and technology. At present, the total scientific and technological investment of domestic seed enterprises is less than 40% of that of a global seed giant. The vulnerabilities of intellectual property protection has also lowered the technical threshold for China's seed industry, which is crowded with thousands of domestic seed enterprises.

From the global perspective, the market share of the top ten seed enterprises exceeds 60%, while that of the domestic top ten seeds enterprises is less than 20%. The current situation of low concentration and small scale of domestic companies has prevented them from further investment in science and technology, forming a vicious circle.

To this end, Ning suggested establishing a substantial derived variety protection system, and intensifying punishment on violations of laws and torts. This will strengthen the awareness of original innovation in the seed industry, build a new ecosystem for the protection of intellectual property rights, and promote substantial innovation in germplasm resources and breeding technology.

Specifically, first, the country should speed up the improvement of legislation. It is suggested that the Seed Law and the Regulations on the Protection of New Varieties of Plants should be amended as soon as possible. Second, law enforcement is required to be improved. It is advised that the competent department take the lead to establish a cross-ministry joint working mechanism and special working group, and implement a unified mechanism for cracking down on the illegal infringement of intellectual property rights in the seed industry that runs through provinces, municipalities and counties. Third, the publicity of legislation and law enforcement need to be enhanced and seed infringement cases should be spread widely.

"Only by stepping up the protection of intellectual property rights in the seed industry at the legal system level, intensifying law enforcement against violations of laws and regulations, and creating an environment that encourages innovation and fair competition, can China's seed industry innovation and development ecology be thoroughly improved, "Ning stated.