Seeds are the source of agricultural production, and the cultivation of good seeds cannot be separated from rich germplasm resources. China’s thousands of years of farming civilization have nurtured a large number of germplasm resources. According to the China’s Fourth National Report on Biological Diversity1, China’s genetic germplasm resources rank first in the northern hemisphere and eighth globally, with 50,000 local varieties of rice and 20,000 of soybeans. The total number of cultivated and wild fruit tree species in China ranks first in the world. China possesses more than 11,000 kinds of medicinal plants, more than 4,200 kinds of pasture grasses, and more than 2,200 kinds of important ornamental flowers originating in China.

Due to historical reasons and the lack of a legal system to protect germplasm resources, China has lost a large number of excellent germplasm resources. In the 1920s and 1930s, Americans collected more than 5,000 wild soybean resources from northeastern China and other places. At present, the USA has more than 20,000 kinds of soybean germplasm resources, which is the second largest country of soybean germplasm resources in the world only after China. In the mid 1950s, 14 states in the USA suffered from the soybean cyst nematode disease, leading to an almost complete destruction of the soybean industry. Around 1965, the USA used disease-resistant genes from Beijing black soybeans to develop nematode-resistant soybean varieties. This helped to rapidly restore the USA soybean industry. Soybeans from the USA earn billions of dollars annually from China, the breeding of good soybean seeds is also closely related to its mastery of germplasm resources.

The kiwifruit industry, which now generates hundreds of billions of dollars in revenue for New Zealand per annum, was also developed from kiwifruit germplasm resources lost from China at the beginning of the last century. It is evident that the conservation of genetic germplasm resources is crucial for the advancement of agricultural science and technology, warranting focused attention.

This article reviews the history of germplasm resources in China, examines the current legal system for their protection, and analyze existing problems in the field. Recommendations for the enhancement of the current protection system of germplasm resources in China are provided. The research contributes to supporting the advancement and development of China’s seed industry technology.

The policy and legislative history of protection of germplasm resources in China have been closely centered on the goals of national food security, sustainable development of agriculture, and biodiversity protection. This system has been evolving from the establishment of a solid basis for the systematization and advancement of the rule of law, gradually forming a protection system with comprehensive coverage and clear rights and responsibilities.

After its foundation, New China faced serious difficulties with agricultural genetic resources, which were on the verge of extinction. The state immediately started the conservation of germplasm resources (Zhang et al., 2022). In 1955–1958, the first national collection of crop germplasm resources was carried out, with a total of more than 300,000 resources collected, covering 43 types of field crops, and the initial establishment of a resource base library. In 1975, the Ministry of Agriculture and Forestry approved the establishment of the germplasm bank of the Chinese Academy of Agricultural Sciences. This marked the beginning of the institutionalized track of resource preservation. At that stage, the policy was mainly based on administrative instructions, focusing on solving the issue of collecting resources ‘from scratch’, while a systematic legal framework was lacking. Generally speaking, China’s early awareness of the need to protect germplasm resources was weak, thus rendering conservation measures ineffective and resulting in the loss of some of the germplasm resources overseas.

After the reform, the protection of germ-plasm resources entered the stage of the rule of law and systematization.

1) The legal framework was initially formed. In 1989, the State Council issued the Regulations on Seed Management,2 which, for the first time, implemented the management of germplasm resources in the form of administrative laws and regulations. The Seed Law was promulgated in 2000, which made it clear that “the state protects germplasm resources in accordance with the law, and that no unit or individual may encroach upon or destroy them”, established the principle of sovereignty over germplasm resources, and stipulated that the collection and utilization of resources should be subject to approval. It established the principle of sovereignty over germplasm resources, stipulated that the collection and utilization of resources was subject to approval, and established germplasm resource repositories. The Law has been amended several times – in 2004, 2013, 2015, and 2021 – to gradually improve the protection provisions.3

2) Resource census and protection system was established. In 1979–1983, the second national supplementary collection of crop germplasm resources was carried out, with 110,000 pieces of germplasm collected and 70,000 pieces of foreign resources introduced. In 1992, the National Crop Germplasm Replica Bank was built in Xining, Qinghai, forming a double-backup system with the Beijing Long-term Bank, which has a life span of more than 50 years. In 1995, the Livestock Germplasm Bank was launched, with a life span of more than 50 years. In the same year, the Livestock and Poultry Germplasm Resource Protection Program was launched, and more than 120 breeding farms, protection areas and gene banks were established, focusing on the protection of traditional livestock and poultry breeds.4

3) Refinement of policies and reinforcement of their implementation. In 2002, The Ministry of Agriculture issued the Measures for the Protection of Agricultural Wild Plants5, which strengthened the protection of wild plant resources. The Second National Survey of Livestock and Poultry Genetic Resources6, conducted from 2006 to 2009, provided a comprehensive overview of livestock and poultry resources in most regions, excluding the Qinghai-Tibetan Plateau.

Entering the 21st century, the protection system of germplasm resources has been developing in the direction of high quality and refinement.

1) Legal system improvement. The Seed Law was revised to strengthen the sovereign management of germplasm resources, making it clear that the provision of resources outside the country required the approval of the State Council and the submission of national benefit-sharing programs. In 2016, the Regulations on the Protection of Wild Plants were revised, which expanded the scope of protection to include agricultural wild plants, forming a legal framework that covers all aspects of ‘crops + forests + wild plants’ (Huang, 2011).

2) Resource Census and Rescue Protection. On February 28, 2015, the Ministry of Agriculture and Rural Development, the National Development and Reform Commission, and the Ministry of Science and Technology jointly formulated ‘National Medium- and Long-Term Development Plan for the Conservation and Utilization of Crop Germplasm Resources (2015–2030)’. In order to implement this plan, the third national crop germplasm resources census was launched in 2015, with a goal to collect 100,000 resources, focusing on rescuing ancient local varieties and wild relatives. By 2024, 139,000 new crop resources were collected, 1.07 million livestock and poultry genetic materials were collected and produced, and 746 endangered crop resources and 61 endangered local livestock and poultry breeds were rescued and protected. The Strategy and Action Plan for China’s Biodiversity Conservation (2023-2030) was released in 2021, explicitly advancing the synergistic conservation system covering crops, forests, trees, and microorganisms.7

3) Infrastructure upgrading. The construction of a new national crop germplasm repository began in 2019. With a planned capacity of 1.5 million samples, four times larger than the existing facility, it will become the world’s largest crop germplasm repository upon completion (Zhao et al., 2023). By 2024, a 3D network of ‘1 long-term repository + 10 medium-term repositories + 72 germplasm nurseries’ will be formed, and the total amount of preserved resources will reach more than 540,000 copies, ranking second in the world.

In China, the legal protection of genetic germplasm resources relies on the relevant provisions in the Constitution. Thus, Article 9, paragraph 2 of the Constitution stipulates that the State shall guarantee the rational use of natural resources and protect valuable animals and plants. Any organization or individual is prohibited from appropriating or destroying natural resources by any means. Laws such as the Environmental Protection Law, the Forest Law, the Grassland Law, and the Wildlife Protection Law also contain sporadic provisions on the protection of genetic resources. In particular, the Seed Law includes a special chapter on the protection of germplasm resources, and clearly stipulates that the State enjoys sovereignty over planting resources. The current Patent Law also covers the patent protection of genetic resources, with Article 5(2) stipulating that ‘no patent shall be granted to an invention or creation that obtains or utilizes genetic resources in violation of the provisions of laws and administrative regulations and relies on the genetic resources to complete the invention or creation’. Paragraph 5 of Article 26 stipulates that ‘for inventions and creations relying on genetic resources, the applicant shall state in the patent application the direct source and original source of the genetic resources; if the applicant is unable to state the original source, he or she shall state the reasons’. In addition, China has enacted administrative regulations such as the Regulations on the Protection of Wild Plants and the Regulations on the Import and Export Administration of Endangered Wild Animals and Plants to implement the protection of genetic germplasm resources. The above laws and regulations will certainly play an important role in promoting the protection of genetic germplasm resources in China.

The Seed Law of the People’s Republic of China was promulgated in 2000 and subsequently amended four times – in 2004, 2013, 2015, and 2022. As the basic law on germplasm resource protection, it clearly states that ‘the State shall protect germplasm resources in accordance with the law, and no unit or individual shall encroach upon or destroy them’8, and establishes the principle of sovereignty over resources. The recognition of the principle of national sovereignty ‘implies that the country in which the genetic resources are located enjoys at least three rights: the right to national management, the right to control the resources, and the right to benefit-sharing’. Some scholars believe that this implies that the State ‘enjoys the right of ownership, control, and jurisdiction’ over its germplasm resources. The regulation requires approval by the State Council for the provision of germplasm resources outside the country, and the submission of a national benefit-sharing program (Article 11)9. It establishes a mechanism for the protection of germplasm resources, requiring the establishment of germplasm resource repositories, protected areas or reserves, and clarifying that the resources are public resources and open for use in accordance with the law (Article 10). The regulatory responsibilities can be clarified as follows: prohibiting the collection or harvesting of natural germplasm resources that are under national key protection and requiring the approval of competent authorities at or above the provincial level for special circumstances such as scientific research (Article 8).

The Patent Law of the People’s Republic of China stipulates that ‘patents shall not be granted for inventions and creations that are accomplished by accessing or utilizing genetic resources in violation of the provisions of laws and administrative regulations and that rely on such genetic resources. For inventions and creations that rely on genetic resources, the applicant shall state in the patent application document the direct source and original source of the genetic resources; if the applicant is unable to state the original source, they shall state the reasons.’

The Animal Husbandry Law of the People’s Republic of China, which explicitly incorporates the protection of livestock and poultry genetic resources into the legal framework, stipulates that the State shall support the protection and utilization of livestock and poultry genetic resources, and establishes a catalog system of genetic resources.

Regulations of the People’s Republic of China on the Protection of New Varieties of Plants provide for the scope of protection of germplasm resources associated with new varieties of plants: extending the scope of protection from propagation material to harvested material, and the protection link encompassing the entire chain of storage, import, and export (Article 7). The establishment of the Substantial Derived Variety System makes it clear that the State will implement the system in a step-by-step manner, with the specific scope determined by the competent departments of agriculture, rural areas, forestry, and grasslands under the State Council (Article 8). In 2025, the terms of protection were revised. Thus, the term of protection of varietal rights for woody and liana plants was extended from 20 to 25 years and for other plants – from 15 to 20 years.

In 2017, the State Council promulgated the Regulations of the People’s Republic of China on the Protection of Wild Plants, which provides for the protection of germplasm resources of wild plants. These regulations, together with the Seed Law and the Regulations on the Protection of New Varieties of Plants, build a full-coverage legal framework for ‘crops + trees + wild plants’ in China.

In 2021, the National Development and Reform Commission (NDRC) and the Ministry of Agriculture and Rural Development (MARD) jointly issued the ‘14th Five-Year Plan for Modern Seed Industry Enhancement Project.’ This document made it clear that by 2025, the system of agricultural germplasm resources protection should be perfected and the capacity of collection and preservation as well as appraisal and evaluation should be enhanced in order to build a system of protection and utilization of the advanced international level.

In 2022, the National Forestry and Grassland Bureau, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Natural Resources, and the Ministry of Agriculture and Rural Development jointly issued the ‘Planning for the Construction of National Parks and Other Natural Protected Areas, as well as Major Projects for the Protection of Wild Fauna and Flora (2021–2035),’ which strengthens the management of the protection and utilization of biomass resources, and serves the goal of protection of strategic biological resources.

Entire-chain protection. The legislation covers the entire chain of resource collection, preservation, identification, utilization, import and export, forming a closed-loop management system. For instance, the Seed Law stipulates that the actors of resource census, collection, preservation, exchange, and utilization need to publish catalogs on a regular basis (Article 9), and establish germplasm resource repositories, protected areas or reserves (Article 10).

Strengthening intellectual property protection. Through the revision of the Regulations on the Protection of New Varieties of Plants, the term of protection has been extended, the scope of protection has been broadened, and a system of substantially derived varieties has been introduced to incentivize breeding innovation (Liu, 2023). For instance, it is clarified that the validity of variety rights is extended to substantially derived varieties (Article 7). In addition, it is stipulated that the unauthorized use of propagation or harvesting materials of authorized varieties requires the permission of the variety right holder (Article 7).

Adapting to the modern needs of the seed industry. The legislation is dynamically adapted to meet technological challenges. For example, the 14th Five-Year Plan proposes the layout of an international first-class germplasm resource conservation and utilization system, including key projects such as the National Long-term Germplasm Resource Bank and the Livestock, Poultry, and Aquatic Resource Conservation Farm.

International cooperation and compliance. The Seed Law and international treaties (e.g., the Convention on Biological Diversity) have been adopted to fulfill international obligations on resource protection and to promote the establishment of a global germplasm resource sharing mechanism. For example, the Seed Law stipulates that the provision of germplasm resources outside China requires the approval of the State Council (Article 11) and the submission of benefit-sharing programs.

Despite having improved the legislation on genetic germplasm resources, China continues to face significant challenges in preventing their loss effectively. According to conservative estimates by experts, the biological and genetic resources exported over the past 10 years are much higher than those in the previous 20 years not only in quantity, but also in quality. This mostly concerns excellent genetic materials containing ‘destination genes’ (Wang, 2021). This indicates that China’s current legislation on germplasm resources is not yet capable of meeting the protection needs.

The legal system for the protection of genetic germplasm resources in China remains unsound, lacking wholeness, systematicity, and operability

China has acceded to the Convention on Biological Diversity (CBD), and the Seed Law provides for ‘informed consent’ for the export of germplasm resources in accordance with the Convention and for the submission of ‘national benefit-sharing programs.’ However, these provisions lack a holistic and systematic approach, making it difficult for China to fundamentally prevent the export of germplasm resources (Caixia, Yanping, 2012). Thus, these provisions are not yet comprehensive and systematic, making it difficult to critically prevent the outflow of germplasm resources. Some scholars believe that it is difficult to achieve good results in the current situation where the protection of genetic resources is mainly based on the system of intellectual property rights, resource sharing remains the main goal, and the competition between developed and developing countries for benefits continues (Chen, 2019; Du, 2023).

China’s protection of genetic germplasm resources remains weak, and the protection measures are far from reaching the level of “sovereignty” protection

Although China has stipulated the principle of sovereignty over germplasm resources, the subject of germplasm resource rights remains unclear. On the contrary, some developed countries, while plagiarizing other countries’ germplasm resources, protect their domestic germplasm resources quite attentively (Dong et al., 2024). On October 5, 2016, the U.S. Department of Justice released a statement about a former executive of China’s Dabei-Nong Group, Mo Mou (Hailong) being sentenced to three years of prison for allegedly stealing U.S. maize seeds and attempting to ship them back to China10. Regardless of the merits of the case, it should be noted that the case was made the responsibility of the FBI. The investigators relied on the ‘Foreign Espionage Surveillance Act’ and licensed a wiretapping procedure. According to the Act, in order to activate this wiretapping procedure, the FBI must prove to a special court that the wiretapped person is a spy working for a foreign government and that their behavior threatens the national security of the United States. The above situation demonstrates that the U.S. government has essentially raised the protection of germplasm resources to the level of national security.

At present, China needs to raise the public awareness of the importance of genetic germplasm resources and strengthen support for the use of genetic germplasm resources in public-welfare basic research

Due to the high degree of specificity of germplasm resources, which are known mainly to professionals, the general public in China still lacks the awareness of the strategic significance of genetic germplasm resources. To a certain extent, this is not conducive to the conservation of germplasm resources.

The legislation on genetic germplasm resources requires systematic and integrated consideration. In addition, the responsibilities of administrative subjects such as agriculture, forestry, and customs in preventing the outflow of genetic germplasm resources should be further clarified in terms of administrative management. Moreover, the protection obligations of the scientific researchers in contact with and utilizing genetic germplasm resources need to be elucidated at the legal level. Thus, in the criminal law, the responsibility for illegally collecting or exporting genetic germplasm resources outside the country should be clarified. It is crucial to establish a monitoring mechanism and strengthen law enforcement measures to penalize illegal collection, appropriation, and destruction of germplasm resources, in order to ensure effective enforcement of the law (Li et al., 2021).

The main body of germplasm resources should be clearly defined, such as ‘the owner of the management and disposal of genetic resources is the State, while the owner of the possession, use, and benefit is the community organizations and members.’ Thus, the protection measures of germplasm resources should be put into practice.

In addition, at the national level, China should ‘stipulate corresponding legal responsibilities for illegal acts of access to genetic resources, and guarantee the legality of access to genetic resources.’ These include preventing users of genetic resources from continuing to freely and arbitrarily access the genetic resources of developing countries under the pretext of the “common heritage of mankind.” Along with that, it is important, first, not to recognize the rights of any genetic germplasm resources and their derivatives obtained from China without consent; second, to reserve the right to seek recourse for illegally acquired genetic germplasm resources originating in China; and, third, to investigate suspected plagiarism or illegal carrying of Chinese genetic germplasm resources out of China from the perspective of safeguarding the national security. More importantly, specific legal protection measures should be strengthened for traditional genetic germplasm resources, such as rice and soybeans originating in China, as well as genetic germplasm resources of Chinese herbal medicines, which are unique in China, from the perspective of safeguarding food security and protecting future development potential (Luo, Zhou, 2022; Squires et al., 2015). Furthermore, the merger and acquisition of Chinese seed companies by foreign investors should be scrutinized in accordance with the law, with the purpose of preventing the loss of high-quality germplasm resources.

The protection system of genetic germ-plasm resources attaches great significance to the cultivation of new varieties on their basis. Therefore, the implementation of the Seed Law should be taken as an opportunity to provide financial and institutional support to domestic agricultural research institutes and seed enterprises to carry out public welfare research on genetic germplasm resources, thus creating a foundation for the cultivation of good seeds. At the same time, local varieties that have been preserved and used by farmers for a long time should also be included in the protection scope of genetic germplasm resources.

Recognizing the great significance of genetic germplasm resources for the development of agricultural science and technology, China has established a relatively complete legal protection system for genetic germplasm resources. However, the current laws and regulations remain, in some respects, inconsistent and fragmented, including the problem of multi-sectoral convergence in the process of law implementation. The system for protecting genetic germplasm resources in China should be strengthened and implemented in practice in order to lay a solid foundation for the protection of biodiversity and national food security.

1. China’s Fourth National Report on Implementation of the Convention on Biological Diversity. (2008). Ministry of Environmental Protection. Available at: https://www.cbd.int/doc/world/cn/cn-nr-04-en.pdf 2. The Seed Management Regulations of the People’s Republic of China. Available at: https://baike.baidu.com/item/%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1%E5%92%8C%E5%9B%BD%E7%A7%8D%E5%AD%90%E7%AE%A1%E7%90%86%E6%9D%A1%E4%BE%8B/10337274. (In Chinese). 3. Seed Law of the People’s Republic of China. Available at: https://flk.npc.gov.cn/detail2.html?ZmY4MDgxODE3ZjA3MmEyZTAxN2YwYjY2ZmI2NDAxNjY. (In Chinese). 4. Seed Industry Management Department of the Ministry of Agriculture and Rural Affairs. 70 Years of Protection and Utilization of Agricultural Genetic Resources in New China. (2019). Available at: https://www.moa.gov.cn/ztzl/70zncj/201909/t20190916_6327991.htm. (In Chinese). 5. The Measures for the Protection of Agricultural Wild Plants. (2022). Available at: https://www.pkulaw.com/chl/c557e78f1a1694b1bdfb.html. (In Chinese). 6. National Animal Husbandry Station. When was the second national survey of livestock and poultry genetic resources conducted? What achievements have been made? (2021). Available at: https://www.nahs.org.cn/zt_10027/xqycpc/dyjh/202105/t20210512_378215.htm. (In Chinese). 7. The Ministry of Ecology and Environment has released the ‘China Biodiversity Conservation Strategy and Action Plan (2023–2030)’. (2024). Available at: https://www.gov.cn/lianbo/bumen/202401/content_6926868.htm. (In Chinese). 8. Article 8, the Seed Law. Available at: https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/cn/cn458en_1.pdf 9. Article 11, the Seed Law. Available at: https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/cn/cn458en_1.pdf 10. Chinese National Sentenced to Prison for Conspiracy to Steal Trade Secrets. (October 6, 2016). U.S. Attorney's Office, Southern District of Iowa. Available at: https://www.justice.gov/usao-sdia/pr/chinese-national-sentenced-prison-conspiracy-steal-trade-secrets