Abstract:With the commercialization in agriculture, the role of variety denomination in "quality identification" within the fields of seed and seedling production, as well as the sale of agricultural products, has been continuously strengthened. Where a variety denomination has attained distinctiveness through use, it shall enjoy the dual character of a generic designation and a trademark sign, and therefrom, the dual protection of both procedural rights and property rights. Given the complex interplay between variety denominations and trademarks, recommendations are proposed for enhancing the protection of variety denominations against unfair competition from the perspectives of both procedural and property rights.

Keywords: variety denomination; anti-unfair competition; generic names; names with a certain influence; prior rights

 

Author:Li Judan, research fellow, CASS Institute of Law; deputy director, CASS Center for Intellectual Property Studies;

Source:12 (2025) Intellectual Property.