On May 24, a list of top 10 typical cases on new plant variety protection were released by the 5th Chinese National Crop Variety Approval Committee. Among the list is one case of administrative enforcement handled by NTD. Earlier in 2021, NTD was authorized by its client to make a complaint before the Jinan Agriculture and Rural Affairs Bureau (hereinafter referred to as Jinan Agriculture Bureau), alleging that its client’s variety right (chili “Audrey”) was infringed and the plant seeds were produced and sold without permission.
An immediate on-site investigation was conducted by the officials from Jinan Agriculture Bureau. 132,000 seeds were found to be similar to “Audrey”. The Jinan Agriculture Bureau then held that the alleged company had infringed the variety right of “Audrey”, for its producing 76,400 and selling 5,600 seeds. As a consequence, all the unplanted seeds were ordered to be inactivated and landfilled.
Based on the Seed Law of the People’s Republic of China and Measures for Agriculture Administrative Punishment in Shandong Province, the illegal income totaling 6,610 yuan was confiscated, and a fine of 50, 000 yuan was paid.
