Analysis of Illegal Breeding Infringement of Plant Variety Rights:Based on the Supreme People's Court Judgment No.428 (2020)
Seeds are the chips of agriculture.The plant variety right is an important intellectual property right for the protection of breeding innovation,while illegal breeding is a typical behavior of infringing the right.Through an analysis of Judgment No.428 (2020),one of the typical cases of intellectual property rights in the seed industry issued by the Supreme People's Court,it is found that in the course of China's judicial practice,there are still some complex problems such as mixed subjects of infringement,hidden behaviors,difficulties in obtaining evidence and difficulties in determining the amount of compensation.Therefore,it is necessary to tackle these problems through the countermeasures such as administrative and judicial protection,appropriate allocation of the burden of proof,and the combination of statutory and punitive damages.
new plant varietyillegal breedinginfringementdamage compensation
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