Abstract: The establishment of China's plant variety protection system came relatively late, and although many practices have been carried out to improve it, the protection of new varieties of medicinal plants remains weak. As a country with abundant traditional Chinese medicine resources, excessive exploitation can lead to a significant risk of loss of medicinal plant species. Therefore, it is necessary to attach importance to the protection of new varieties of medicinal plants as a fundamental measure to improve the quality and yield of traditional Chinese medicinal materials to alleviate the current shortage of medicinal plant resources. Based on the information published by the State Forestry and Grassland Administration and the Ministry of Agriculture and Rural Affairs, we have identified the plant species (genus) directly related to medicinal plants in the list of protected plant varieties. Combining this with the current situation of breeding and promotion of new varieties of medicinal plants, it is evident that China faces issues in the protection of new varieties of medicinal plants, such as cumbersome examination procedures, difficulties in obtaining evidence of infringement, weak enforcement measures, slow or insufficient development of DUS testing guidelines for medicinal plants, and a lack of awareness regarding protection. Therefore, it is recommended to revise the "Plant Variety Protection Regulations" to establish a connection with existing specialized laws, improve administrative enforcement procedures, optimize examination procedures, strengthen the technical system, enhance awareness of intellectual property rights for new varieties of medicinal plants, and cultivate professional talents in this field.