Compared with other industries, first of all, the seed industry is professional, the discovery of infringement cases is lagging behind, the dependence on reporting is strong, and farmers' awareness of rights protection is weak, so it is difficult to find clues. Secondly, it is difficult to identify false seeds, with few judicial authentication institutions and high fees, and it is difficult to determine the amount of losses and causality. Third, it is difficult to obtain evidence, the scene is easy to be destroyed, and the timeliness is strong, resulting in the loss of physical evidence.
In the crime of infringing intellectual property rights in the seventh section of Chapter III of the Criminal Law, the illegal acts of infringing trademark rights, patents, copyrights and trade secrets are all stipulated with corresponding charges, while the right to new plant varieties belongs to the category of intellectual property rights and should be equally respected with other intellectual achievements.