Comparative Study On International Protection And Domestic Protection For Plant New Varieties

The new variety of plant always plays one of the most important roles in the development of agriculture and forestry. It provides the major resources for the production of agriculture and forestry, and is one of the most dynamic factors in the technology innovation of agriculture and forestry.The new variety right of plant is one kind of the exclusive rights granted by the country to the agencies and individuals who breed on the new variety of the plant in accordance with the provision of the relevant law. The new variety right of plant also is the intelligent fruit of the human life just same as the general intellectual property, and is the exclusive right that the granted person can enjoy for his intelligent fruit. Anyone who uses this variety for commercial purpose must pay a certain amount of fee to the breeders. The implementation of the system can be advantageous for protecting the legal interest of the breeders, promoting the breeders to develop and invest in the new varieties of plants, and furthermore, improving the development of the agriculture, forestry and horticulture.This paper is composed of three chapters as follows.Chapter one mainly introduces the situation of the international protection of plant varieties. In this Chapter, the author first briefly introduces the establishment of the International Union for the Protection of New Varieties of Plants (UPOV) and the provision of the International Convention for the Protection of New Varieties of Plants (the Convention). The difference between the 1991 text and 1978 text of the Convention is compared. The relevant legislation and practice in America, Japan, Europe and India also are stated.Chapter two states the development and status of plant variety protection in China. Combined with the provision of the Regulation on the Protection of New Varieties of Plants in the People's Republic of China, the author introduces the definition of the new variety of plant, the new variety right of plant and the protection measure adopted for the new varieties of plants in China, and the limitation for the exclusive right of the breeders. Then, the major significance of protecting the new varieties of plants in China is expounded.Chapter three first introduces the questions that China needs to resolve if China wants to join in the 1991 text of the Convention in detail. Sequentially, according to the reality in China, the author points out the challenge that China meets when employing the policy of protecting the new varieties of plants and puts forward the resolution to strengthen and improve the new varieties protection of plants in China for the benefit of developing the agriculture and forestry in China.