Study On The System Of Essentially Derived Variety

After the system of the protection in the new varieties of plants established in China, the resources of plants has been obtained effective protection, the technological independence in agriculture has been promoted and the agriculture has been pushed healthy and kept on development. The protection of the new varieties of plants is the international treaty, which was resulted from the advanced country and must be obeyed by the developing country in the economic globalization. With the drastic development of international economic situation and the technology for the Testing of New Varieties of Forest Plants,the protection of the right of varieties is improving,and the system of essentially derived variety is main expression form of the expansion of the right of the varieties, which is stipulated in the 1991 Acts of the UPOV Convention for the members to abide by. Nowadays, the internationalization orientation of the system of the protection of the new varieties of plants is enhancing, should we establish the the system of essentially derived variety? What is the advantage and disadvantage of establishing the system? What is the influence on our country of this system? And in order to adapt to the developing national and international strategic situation of the protection of new varieties of plants ,what should we do to improve the system of protection of the new varieties of plants in China? The solvement to these problems can promote the system of the protection of new varieties of plants to act on the fields of new varieties of plants and dissolve the trade barrier. The article first introduces the concept and characteristic of the protection of new varieties of plants. Then, it introduces the origin and development of the system of the protection of the new varieties of plants and educes the system of essentially derived variety. Subsequently, the article expounds the concept and the characteristics of the system of essentially derived variety and emphasizes the positive and negative influence of the system from the aspects of the influence on the development of the trade, economics and the balance of the benefit, in order to discuss the possibility of establishing the system in China. Finally, the article advances the way to improve the system of the protection of the new varieties of plants by analysising the international development orientation of this system and its influence on our conury.It is divided into four parts.Partâ… ,it introduces the general theory of protection of new varieties of plants and the system of essentially derived variety. It introduces the relating concept and legal characteristic of the protection of new varieties of plants. Then, it introduces the origin and development of the system of the protection of the new varieties of plants and educes the system of essentially derived variety and then introduces the concept and the content of the system.Partâ…¡,it introduces the rationality of the system of essentially derived variety. It introduces the theory basis and value of the system of essentially derived variety, and then expounds the necessity and the social effectiveness of the system of essentially derived variety from the aspects of economics and static balance of benefit.Partâ…¢, it analyses the defectiveness of the system of essentially derived variety. It firstly introduces the conflict between the system of essentially derived variety and international treaty, and analyses the international benefit unbalance brought by the system using the theory of dynamic benefit balance, and then analyses the reason of this. It concluded that we should make full use of the cushion time of the convention and there is no need to be anxious to establish the system of essentially derived variety.Partâ…£,it introduces the foreground of establishing the system of be anxious to in China. It firstly introduces and analyses the situation of protection of the new varieties of plants in our country, and concludes that we should establish this system in the future. On the basis of the introduction, it analyses how to improve the system of the protection of the new varieties of plants according to the situation of our country in order to adapt to the situation of our country and the improvement of international protection of the new varieties of plants.