The Legal Research On The Protection Of New Plant Varieties Based On The Protection Of Farmer's Rights And Interests

The new plant varieties protection is an important part of our country agriculture intellectual property rights strategy, which plays an important role for our agricultural structure adjustment and upgrading. In order to protect domestic agricultural products competitive advantages and the security of national economic strategy, many countries in the world have adopted new plant varieties protection systems to monopolize the global agricultural edge technology and seek the international, with the propose of making the varieties rights an important means of competition in the trade of agricultural products. In this international context, the protection of new varieties is showing the trend of globalization and rapid expansion. Meanwhile, our country still has much to do in the future protection of new plant varieties. China is in a crucial period of economic and social transformation, our agricultural foundation is so weak, independent innovation ability also weak, and competitiveness of industrial concentration is not high. Our country hasn't made full use of agricultural genetic resources, the new plant varieties protection does not play out the strategic advantage. This research is under the social background of readjusting of the economic structure in our country. We inspects our new plant variety protection system's realistic situation fully, and profit from the domestic and foreign newest research results, rely mainly on law science discipline, combine multi-disciplinary research visual angles, such as economics,etc. We pay attention to the real example to survey and study, try to improve our new plant varieties protection system both tally with our country fundamental realities of the country and in line with international trends conform to the international trend. We try to make full use of the advantage of our genetic resources, increase farmers'rights and interests with the improvement of new plant varieties protection.Base on the existing research results, and in the innovative perspective of protecting the farmer's rights and interests, we rely mainly on law science discipline, with combine multi-disciplinary research visual angles. We construct the basic system theory for the new plant varieties protection, using the theory of property rights, farmers'developing right, the equilibrium theory, incentive theory, and so on.Secondly, this research uses the literature analysis and the contrastive analysis, through sample analysis and positive research on the present implementation situation of new plant variety protection system. We make a special field survey for grasping the current implementation of the plant variety protection system, finding out the existing problems and the reason. Again, this research makes a deep research on the successful experience of the international convention and typical national or the local new plant variety protection system. Typical national or the local gained the rich experience in the protection of the new plant varieties, for example US, Europe, Japan and India. We may derive the beneficial experience, unifies our country fundamental realities, try to construct characteristic new plant varieties protection system and the operational mechanism.Finally, we plan to reference the foreign advanced experience based on China's basic national conditions, with the breakthrough of the Concept of existing laws and legal principles. we try to construct a systematic legal system from those aspects: establishing an integral system for new plant varieties protection, making a diversity subject system and driving Incentives, Standardizing the market order, making use of the existing legal norms, and creating more an more right remedy approach for the righter including farmers. The legal system which we try to construct for the new plant varieties protection is not only conform China's national conditions, but also in line with international trends, making sure of the farmer's rights and interests increase with the protection of the new plan varieties. We try our best to promote the interests of farmers, promote agricultural technology innovation and spread the new plant varieties. We should speed up the adjustment of agricultural industrial Structure, and obtain an advantageous position in the new round of global competition making full use of our own resources advantages.