On The Infringement And Protection Of Pesticide Patent In China

A pesticide, as an important means of production in modern agriculture, plays an indispensable role to guarantee high-quality or high-yield crops. China is a large agricultural country, and agriculture is the foundation of the national economy, but the per capita cultivated land is far below the world average. As the raise of the level of agricultural production, the protection of agro-ecological environmental and the growing income of the farmers, it is closely related to the development with the pesticide industry. China's pesticide industry has made considerable progress in recent years, and has provided a strong support. However, many problems still exist. In practice, because of the patent maybe bring enormous material benefits, coupled with high profits of pesticides, rampant acts of violating patent rights, and infringement of a variety of means, as a result, tremendous damage should be brought to the patentee. Therefore, how to protect chemical patent effectively and the legitimate rights and interests of farmers, has become the focus of attention.In this article, by introducing the higher people's court of Jiangsu province, with a patent infringement case of pesticides, has leading to china's patent law on patent protection and pesticide problems, and to propose appropriate measures, has been to achieve better protection of the legitimate interests of rights holders purposes. Chapter one introduced the article patented pesticides and types of conditions. Chapter two, focus on the protection of pesticides patent infringement. Chapter three, through a case of patent protection in order to advance the related problems, mainly from two areas of legislation and law enforcement analysis of pesticide problems in protection.Chapter four, the author is on the basis of the analysis of chapter three, at the same time, involving the experience of mature foreign countries, in order to advance the legal concept of generic drugs, hoping to protect better for the legitimate rights and interests of patent. At the same time, this article tries to create a harmonious atmosphere for development through the improvement legislation, and to improve the overall level of pesticide industry in china.