In a significant move to bolster agricultural innovation and strengthen intellectual property rights in the seed industry, the State Council of China issued a revised Regulation on the Protection of New Plant Varieties. Approved at the 57th Executive Meeting on April 18, 2025, the updated regulation officially came into effect on June 1. This marks the third major revision since the regulation’s original enactment in 1997, reflecting China’s commitment to aligning its plant variety protection framework with evolving domestic priorities and international standards.
The updated regulation reaffirms that plant variety protection is an integral part of China’s broader national Intellectual Property Strategy and is essential to promoting high-quality development in the agriculture, forestry, and grassland sectors. Recognizing the fundamental role of plant breeding in ensuring national food security and supporting rural revitalization, the revisions aim to enhance confidence among stakeholders through a more robust and modern regulatory environment.
While “new plant varieties” continue to be defined as artificially bred or improved plants that meet the established criteria of novelty, distinctness, uniformity, and proper naming, the scope of protection has been significantly expanded. Article 6 of the revised regulation expands protection and sales, but also processing and storage activities. This broader definition paves the way for gradual implementation of a system for Essentially Derived Varieties (EDVs)—plant varieties that are developed from existing protected varieties through methods such as genetic modification or selective breeding.
To support this system, the Ministry of Agriculture and Rural Affairs and the National Forestry and Grassland Administration will jointly publish lists of eligible EDVs, drawing on expertise in genetic breeding, law, and other related fields.
The duration of plant variety rights has also been extended. According to Article 35, woody and vine plant species are now granted protection for 25 years, while other plant species are protection for 20 years, an increase of 5 years in both cases. These extended terms are intended to incentivize long-term investment in plant breeding.
The regulation introduces stricter conditions for maintaining rights. Plant varieties that do not meet the essential criteria of novelty or distinctness may have their rights revoked, even if previously registered. In a notable example, the variety Longju No. 1(龙聚1号) lost its protection after being deemed insufficiently distinct from the previously approved variety (“原单68”) and by the Agricultural Plant Variety Review and Approval Committee.
To improve administrative efficiency, the preliminary examination period for plant variety rights applications has been reduced from six months to three months, with an optional three-month extension for complex cases. A newly established Variety Re-examination Board provides a formal appeals mechanism, reinforcing procedural transparency. Additionally, responsibility for handling international applications has been centralized at the national level, in line with the provisions of the Seed Law, improving consistency and coordination.
These reforms come at a time when global expectations for plant variety protection are increasing. By broadening coverage, extending protection periods, streamlining procedures, and strengthening enforcement, China is reinforcing its position within the International Union for the Protection of New Varieties of Plants (UPOV), the international framework governing breeders’ rights. Domestically, the revisions support China’s strategic goals of agricultural modernization and seed sovereignty.
Looking ahead, attention will likely focus on implementation of EDV-related guidelines, refinement of evaluation criteria, and the continued development of a regulatory ecosystem that balances innovation with equitable access.
Bibliography
中华人民共和国国务院. (2025, May 1). 中华人民共和国植物新品种保护条例 [Regulation on the Protection of New Plant Varieties of the People’s Republic of China] (国令第 807 号). 发布. https://www.gov.cn/zhengce/content/202505/content_7022127.htm
中华人民共和国司法部. (2025, May 1). 李强签署国务院令公布修订后的《中华人民共和国植物新品种保护条例》 [Premier Li Qiang signs State Council decree announcing the revised Regulation on the Protection of New Plant Varieties]. 发布. https://www.moj.gov.cn/pub/sfbgw/gwxw/xwyw/szywbnyw/202505/t20250501_518454.html
