China's Ministry of Agriculture and Rural Affairs (MARA) put its first catalogue of essentially derived varieties (EDVs) into effect on July 27. The catalogue covers 10 crops, according to an August 17 report from USDA's Foreign Agricultural Service (FAS).
Key Facts
- At 90% for six crops and 85% for four, similarity thresholds trigger the burden-of-proof shift.
- The first batch names 10 crops, with more expected after MARA evaluates results.
- MARA's list of qualified testing institutions currently totals 28, covering molecular and phenotypic methods.
MARA announced the catalogue at a July 27 press conference in Beijing, per China News Service. The first batch covers:
The rules are already active. MARA officials indicated more crops will follow once this first phase is evaluated, according to Seed World Europe.
How China Determines an Essentially Derived Variety
MARA's translated guidelines describe two testing paths. Molecular marker analysis is prioritized for speed and consistency. Phenotypic evaluation applies only when no molecular standard exists for a crop.
Testing institutions calculate genetic similarity between a new variety and the one it's suspected of deriving from.
Below the threshold, MARA doesn't classify the newer variety as essentially derived. Above it, the burden shifts to the accused breeder. They then have to prove independent origin, citing breeding method, process, or genetic lineage as evidence.
MARA framed the launch as a foundational step for the country's breeding sector. "Innovation is the core of seed industry revitalisation," said Liu Lihua, director of MARA's Seed Industry Management Department, per AgNavigator.
Deputy seed industry official Yang Haisheng described the earlier system's gap. Breeders could tweak a protected variety and commercialize it without paying the original developer anything.
The EDV system requires derived-variety breeders to negotiate benefit-sharing terms with that original holder before commercializing, per AgNavigator.
From 2025 Law to a 2026 Implementation Catalogue
The EDV concept has legal roots in China's revised Regulation on the Protection of New Varieties of Plants. The regulation took effect on June 1, 2025. The regulation established phased implementation, with new crops added to the system through State Council-approved catalogues.
MARA's July 27 catalogue is the first crop list issued under that framework. Ten crops made the initial cut; MARA has signaled the list will grow.
What the Rules Mean for Foreign Seed Companies
FAS flagged one structural detail for companies outside China. Unlike in many other jurisdictions, the initial burden of proof rests with the original variety's rights holder. The breeder accused of copying doesn't have to prove anything until that threshold is met.
FAS reported that some international seed companies see risk in that structure. Paired with the system's reliance on domestically developed testing standards, they worry it could put outside firms at a disadvantage against Chinese companies in future disputes.
AgNavigator reported that no standard profit-split formula exists yet. Those terms are negotiated case by case, per Wan Jianmin, director of China's National Crop Variety Approval Committee.
In the National Rice Breeding Joint Research Group, breeders agreed the original rights holder would receive at least 15% of profits from a derived variety's commercialization.
