The full text of this article is provided to clients (and potential clients) by request. Please send us an email to dd@kunwei.org with your organization’s name and your position.
In IP enforcement actions involving Plant Variety Rights (“PVR”), the key factor in determining infringement is whether the alleged infringing plants are identical to the variety being granted exclusive rights. Due to the relative complexity of processes involved in preserving and transporting propagation materials of living plants, PVR owners shall be cautious during evidence preservation.
According to our research on relevant cases announced by the courts of the People’s Republic of China (“PRC”), some PVR owners failed to preserve samples of the infringing plants properly, while some failed to prove the authenticity of their control sample sources. Some other PVR owners were unable to appropriately prove their testing methods and procedures. These defects during the stage of evidence collection could result in the exclusion of critical evidence, leading to courts’ dismissal of PVR owners’ complaints.
This article examines the crucial steps of evidence preservation for the enforcement of PVRs in the PRC, with the ultimate aim of providing readers with practical guidance on effectively enforcing their rights in the PRC’s unique judicial system.
The full text of this article is provided to clients (and potential clients) by request. Please send us an email to dd@kunwei.org with your organization’s name and your position.
