Infringement of new plant varieties requires tort liability. According to the law, if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.
Legal objectivity:
patent law of the people's republic of china
Article 25
No patent right shall be granted for the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.