种业知识产权保护
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山东:“网证”变铁证,护好“金种子”
Xin Hua Wang· 2025-11-26 01:46
青岛市中级人民法院审理认为,被告未经许可的生产、销售行为构成侵权,应承担停止侵权、赔偿损失 等民事责任。被告通过网络销售侵权种子总量达310吨,按新品种种子的公证价(3.5元/斤)和大豆种 子平均收购价(2.36元/斤)作差可算得:被告从每斤种子当中获利1.14元,侵权获利超30万元。据此, 一审判决对原告主张的30万元经济损失予以全额支持,并支持维权合理开支1万元。一审判决后,双方 当事人均未上诉。 11月25日,省法院发布7起知识产权审判服务保障科技创新典型案例。其中,"齐黄34"大豆植物新品种 侵权案,今年3月入选"人民法院种业知识产权司法保护典型案例(第五批)"。 据了解,青岛立某专业合作社及其经营者耿某通过抖音、微信视频号许诺销售、销售"齐黄34"这一大豆 新品种种子达310吨,而该品种的"独占实施被许可人"实为山东圣某种业科技有限公司。圣某公司认为 这一行为侵害了其"齐黄34"大豆植物新品种权,将立某合作社及耿某诉至法庭,主张其赔偿损失30万元 及合理开支12596元。 最高法认为,本案体现了网络证据在种业侵权案件中的有效运用,同时根据在案证据全额支持权利人赔 偿诉求,体现了人民法院切实加强种业知 ...
国家知识产权局公布关于修改《专利审查指南》的决定
Yang Shi Xin Wen· 2025-11-13 13:10
Core Viewpoint - The National Intellectual Property Administration has announced modifications to the Patent Examination Guidelines, effective from January 1, 2026, focusing on improving patent examination standards for new fields and industries [1] Group 1: Enhancing Protection for New Fields and Industries - The definition of plant varieties will be clarified, expanding the scope of patentable subjects and strengthening intellectual property protection in the seed industry [2] - Consideration of artificial intelligence ethics will be included, providing examples for creative examination and clarifying application document requirements to meet the needs of AI technology development [2] - Specific regulations for the examination of bitstream patent applications will be added, clarifying the circumstances under which patent rights can be granted, in response to the rapid development of the streaming media industry [2] Group 2: Optimizing Examination Standards and Rules - The handling of same-day applications will be improved, allowing for the acquisition of invention patent authorization only by waiving utility model patent rights, returning to the legislative intent [3] - Clarification of characteristics that do not contribute to solving technical problems in claims, which typically do not confer creativity, will enhance examination efficiency and improve patent application quality [3] - Requests for invalidation that do not reflect the true intent of the requester will not be accepted, regulating malicious invalidation behaviors [3] Group 3: Solidifying Mature Practices in Examination - The concept of need-based examination and related rapid examination regulations will be clarified to meet the actual needs of innovative entities [4] - Examination rules for divisional applications without declared priority will be specified, ensuring the rights of divisional applicants to claim priority [4] - Requirements for submitting proof of priority transfer will be clarified, facilitating applicants' understanding of examination standards [4]
如何看待6月猪企销售数据?
Huafu Securities· 2025-07-14 09:41
Investment Rating - The industry rating is "Outperform the Market" [4][72]. Core Viewpoints - In June, the total number of pigs slaughtered by 16 listed companies reached 16.6133 million heads, a month-on-month increase of 1.62% and a year-on-year increase of 46.64% [10][11]. - The average weight of pigs slaughtered in June was 128.60 kg, down by 0.90 kg month-on-month [17]. - The average selling price of pigs in June was 14.30 CNY/kg, a decrease of 2.28% month-on-month [17]. - The market for piglets saw a decline in sales, with a price of 439.29 CNY/head, down 4.21% month-on-month [11][31]. - The poultry sector is experiencing a rebound in white chicken prices, with a current price of 6.24 CNY/kg, although it is still down 0.51 CNY/kg week-on-week [37]. - The soybean meal market is under pressure, with a current price of 2924 CNY/ton, down 4 CNY/ton week-on-week [54]. Summary by Sections Pig Farming - June saw an increase in the number of pigs slaughtered, with significant growth from companies like Zhenghong Technology (+215.48%) and Jin Xin Nong (+38.35%) [10][11]. - The average weight of pigs slaughtered decreased, with listed companies averaging 122.72 kg, down 1.97 kg month-on-month [17]. - The average selling price of pigs decreased, with major companies like Muyuan and Wens selling at 14.08 CNY/kg and 14.39 CNY/kg respectively, both showing a decline [17]. Poultry Sector - White chicken prices are rebounding, with a notable increase in chick prices, as seen with Yisheng's chick price rising to 2.0 CNY/bird [37][41]. - The egg-laying hen market is facing challenges due to increased difficulties in importing chicks, maintaining high prices for quality chicks [41]. Agricultural Products - The soybean meal market is experiencing fluctuations, with current prices reflecting a slight decrease in the spot market but a stable futures market [54]. - The USDA's report indicates a projected decrease in U.S. soybean planting area, which may affect future supply dynamics [54].
品种权说明书背后,有判决书守护
Ren Min Wang· 2025-04-27 00:21
Core Viewpoint - The Supreme People's Court ruled in favor of Heng Company in a plant variety rights infringement case against Jin Company, ordering Jin Company to cease infringement and pay a total of 53.547 million yuan in damages, marking a significant precedent in China's plant variety rights protection [1][3][5]. Group 1: Case Details - The case involved the corn variety "NP01154," owned by Limagrain Europe, which authorized Heng Company to exclusively produce and operate it in China [2]. - Heng Company claimed that Jin Company used "NP01154" as a parent to produce seven unauthorized hybrid corn varieties, seeking punitive damages of 160 million yuan and reasonable legal expenses of 200,000 yuan [2]. - The first-instance court ruled in favor of Jin Company, citing a report that claimed the varieties were different, which Heng Company contested in the appeal [2][3]. Group 2: Judicial Findings - The Supreme Court found insufficient evidence to support Jin Company's claims regarding the differences between the varieties, determining that the evidence presented by Heng Company proved the infringement [3][4]. - The court highlighted that Jin Company's infringement lasted five years, covering an area of 8,243.4 acres, and deemed the infringement serious, leading to the imposition of punitive damages [3][5]. Group 3: Implications for Intellectual Property Protection - The ruling emphasizes the importance of strengthening intellectual property rights protection in the seed industry, which is crucial for agricultural development and food security [7]. - The case reflects the increasing judicial response to the demand for plant variety rights protection, with a significant rise in related cases filed since the establishment of the Intellectual Property Court [7][8]. - The court's approach in this case sets a precedent for future disputes, particularly regarding the use of molecular markers in determining variety identity and the conditions for expanding testing points [5][6]. Group 4: Industry Impact - The ruling is seen as a victory for the seed industry, encouraging companies to invest in research and development, and reinforcing the equal protection of intellectual property rights for both domestic and foreign entities [6][7]. - The Supreme Court's actions contribute to establishing a robust legal framework for intellectual property rights, enhancing China's reputation as a responsible protector of such rights on the global stage [6][8].
逆势20%涨停!A股这个板块,成交放量
Zheng Quan Shi Bao Wang· 2025-04-07 04:30
Group 1 - Agricultural stocks are performing well, with the seed industry concept leading the gains, as the sector index surged over 13% shortly after opening [4][5] - All stocks within the agricultural sector experienced significant increases, with Qiu Le Seed Industry hitting a 30% limit up and Shen Nong Seed Industry reaching a 20% limit up [5] - The Supreme People's Court has released typical cases for the judicial protection of seed industry intellectual property rights, enhancing protection and providing clearer guidelines for industry participants [7] Group 2 - The chicken concept stocks rebounded, with the sector index rising over 3%, and Xiao Ming Co. hitting a 20% limit up, marking a three-year high [8] - The price of white feather chicken has rebounded by approximately 40% compared to extreme low prices seen a month and a half ago, with current prices around 3.5 yuan per jin [10] - Analysts expect a reduction in poultry imports, which will benefit domestic white feather chicken enterprises, while increased tariffs will raise breeding costs, positively impacting market share and profit margins for related companies [10]