Study On Agro-tech Property Rights

For a long time, agro-tech innovation in our country primarily depended on the driving of the government administration. Agro-tech was organized, extended and applied according to the government plan. Agro-tech property rights were state-owned so that they were made public and applied freely in China, which once placed a big role in our country's economy growth. The extension and application of the hybrid rice were the best illustration. But using agro-tech as public good freely will reduce the enthusiasm of agro-R&D-Personnel and the supply of technology, which will affect agricultural economy growth finally. Since the reformation and opening-up, with the commercialization and mercerization of technology, agro-tech property rights system is being established gradually. It defines the agro-tech property rights clearly to grant patent rights and variety rights. As a result, agro-R&D-Personnel are willing to develop new technology and obtain more agro-tech property rights, which will accelerate the transaction, application of agro-tech property rights and promote scientific and technological progress. But it is clear that the characteristics of agro-tech and agriculture determine it is complicated to define, transact, apply and protect agro-tech property rights. The characteristics, such as biological, dispersion and showing-off publicly in the field etc., make agro-tech more difficult than industrial technology to keep secret and solve "free-ride" problem. Therefore the operation mechanism of agro-tech property rights will be certain to be the mixture mechanism that the market mechanism and government-driving plan reunite together. However, the market system of agro-tech in China is still in the initial stage, agro-tech property rights theory, such as forming, transacting, applying and protecting agro-tech property rights,hasn't been established. In developed countries,the agro-tech market is relatively mature, the agro-R&D relevant to defining, transacting, applying and protecting technology property rights is comparatively perfect. Many foreign economists design to make use of property system to protect and regulate the legitimate rights of agro-tech holders. Since the reformation, the domestic scholars have studied about relevant issues. But systematic research achievements haven't got yet. On the background of mercerization of agro-tech technology, from technology, economic and legal three-dimension analysis visual angle, this paper researches into agro-tech property rights theory, which includes agro-tech property rights forming, transacting, applying and protecting. This paper also analyzes the causes and characteristics of typical infringement cases of agro-tech property rights, and puts forward countermeasures to protect agro-tech property rights. The main contents and view of this paper include: (1) Forming agro-tech property rights. Under the condition of the market economy, in order to keep the lasting and efficiency of the agro-tech innovation and application, we shouldestablish the system that will make the agro-tech innovators and applicators gain the private earning ratio approaching to the social earning ratio from the technological innovation. The definition of property rights is the most economic, effective and lasting encouragement means. Originally based on property rights theory, along with the analysis route of the property rights, this part proposes the four-dimensional structure of agro-tech property rights; And it also analyzes the characteristics of agro-tech property rights. Main research formulation system and way of making of agro-tech property such as agro-tech patent rights and exclusively-owned technology etc.; From the aspect of national government, enterprise, scientific research institution, legislating etc., mechanism and security mechanism are put forward to encourage technological innovation, promote agro-tech property rights to form and obtain mechanism and security mechanism. (2)Transacting agro-tech property rights. Through the analyzing tool of transaction...