Study Of Several Problems On The Legislative Protection Of New Plants Varieties In China

With the development of modern agricultural and biological technology, more and more new varieties of plants are cultivated and developed. It is therefore highly necessary and important to build up the corresponding legal protection system. Unlike other well established systems for protecting the intellectual properties in our country, protection of new varieties of plants is still at the beginning stage, motivating us to investigate it to try to provide and promote a more effective system with the aim of encouraging the development of new varieties of plants, for the benefit of our country.The outline of this thesis is as follows. First the concept and the types of the new plant varieties are introduced. Then the regulations used for protection of new varieties of plants by other countries, especially the one used by the United States, are summarized and reviewed.By comparing with these regulations we found that though the one used in our country suits to China's national conditions and conforms to the spirit of international conventions, it does need to be improved due to the fact that the theories we used are not perfect and the experience for dealing with the specific case is relatively lack. To overcome these difficulties, some suggestions and methods are proposed in detail in this work. Based on our investigations some concluding remarks and the perspective for this field are given in the end.