On The Legal Problems Of Plant Variety Right System Of China

As a kind of new intellectual property right, plant variety right (PVR), which plays an important role in inspiring plant breeding, improving the quality and quantity of agricultural products, promoting seed industry as well as agriculture, enhancing peasants'income, building national seed barrier, and so on, is an important part of both national intellectual property strategy and strategy of developing agriculture through science and education. In order to integrate with the world, China enacted the "code for protection of new plant variety " in accordance with the UPOV's request, and took part in the UPOV on 1999/4/23, and practiced the PVR.at the same time. In the past decade, based on the situation of world and home, we have built and modified the system of PVR. This constituted of "code for protection of new plant variety "and its two detailed rules and regulations, agricultural law, breed law, local legislation and so on. Now the system can almost meet the practical requirement. But at the same time, we must recognize that we practice the PVR. just a short period, so that the relative subjects are not good at using the PVR..This situation is heavily bad for the PVR. effect especially for the national seed barrier.Through questionnaire survey and interview, we got first-hand data, and learned about the PVR.practical situation of administrative department, justice department and PVR owner. On the analysis of those data, we found their short comes of the three, and then proposed some measurements. This thesis constituted of the three parts.The first part(chapter 1) is the basis of the whole thesis,which defines several concepts; introduces the main contents of PVR.system;expounds on some relative theory, demonstrates the general conditions for elaborating the PVR.effectThe second part (chapter 2-4) is the core of the thesis, which on the base of analyzing of the data we got before, evaluates the practice situation objectively and comprehensively. And what is the most important is we found the short comes of administrative department, justice department and PVR owner in the PVR.practice.The last part (chapter 5) is the target of the thesis, which summarizes the main conclusions of this thesis, and proposes relative measurements to the problems found in the second part, on the aspects of administrative department, justice department and PVR owner; and to which promote our new plant protection...