In May 2025, the International Community of Breeders of Asexually Reproduced Ornamental and Fruit Varieties (CIOPORA) successfully hosted its CIOPORA Academy Online Workshop, focusing on the theme "New Developments in China’s Plant Breeding Industry." Joshua Mandell was a featured speaker in the roundtable discussion "Latest PVR Rulings by China’s Supreme People’s Court (‘SPC’)," where he shared critical insights from recent landmark cases. Three noteworthy trends emerging from these judicial developments merit particular attention from rights holders.
Judicial Expansion of PVR Protection Scope
Among other topics, Joshua provided insights into a recent litigation win by Rouse's strategic partner, the Lusheng Law Firm. This involved successful litigation on behalf of ENZAFruit in a landmark civil case concerning its “Scilate” apple variety (brand name "Envy") [ (2023) Supreme Court IP Civil Final No. 3113]. The case resulted favorable judgments both at the first instance before the Lanzhou Intermediate Court of Gansu Province and the second instance before the Supreme People's Court.
The Supreme People's Court issued a groundbreaking ruling that treated propagation materials (such as seeds, seedlings) and harvested materials (such as fruits, flowers, timber) as commercially inseparable entities. The defendant’s simultaneous production, sale, and commercialization of both categories were found to constitute infringement. This judicial precedent marks a milestone in the protection of intellectual property rights for fruit tree cultivars and sets a critical reference for similar future cases.
Evolving Standards for Scientific Evidence in PVR Cases
Joshua briefed the roundtable panel in discussing the “Hongyunlai” Guzmania atilla variety infringement case [(2022) Supreme People’s Court IP Civil Final No. 1362], in which the court established evidentiary standards for DNA testing in plant variety rights disputes. While recognizing national standards and industry testing protocols, the ruling also recognized the admissibility of independently obtained test results when these meet the proper verification requirements. This balanced approach reflects the Supreme People’s Court’s pragmatic approach to evidentiary standards while also requiring scientifically valid evidence. This case offers clear guidance for evidentiary procedures for future PVR cases.
Effective Enforcement Strategies for PVR Holders
Joshua also joined the roundtable in discussing the advantages offered by China’s judicial system in efficiently handling plant variety rights disputes. First-instance trials are often concluded within one year, with appellate procedures (second-instance trials) can be completed in as little as six months. To fully leverage this efficient protection mechanism, rights holders should maintain comprehensive evidentiary chains, including notarized evidence of infringement and rigorous preservation of samples, in order to safeguard their legitimate rights and interests.
