New Varieties Of Plants Protection Of Intellectual Property

On the basis of defining the conception of intellectual property protection of the new plant varieties and its implication, This article analyses the different institution of intellectual property protection and legal principle of different countries and organizations. Meanwhile, the advantages and disadvantages of the institution of new plant varieties' protection in our country are also be discussed. In the end, the author put forwards some suggestion to perfecting our intellectual property institution of new plant varieties, It is included constituting patent protection system and implementing the new plant varieties protection law more effectively.This article is divided into the foreword , the text and the conclusion, among them the text is divided into three parts.The foreword has introduced the writing background of the article mainly, and some hot pot on the protection of the at present. on the basis of probing into function on Chinese economic and social development of intellectual property protection of the new plant varieties. This party purposes to describe the article's meanings and methods. Thus launch foreshadowing for the narration of the full text. First part It is a summary, including the contents of three respects mainly. First of all, introducing the development course of intellectual property protection of new plant varieties, discussing why there were these condition from no country offering protection to the new plant varieties to various countries trying to be the first to offer protection,and then reaching the international protection, proceed with essence of the intellectual property right. On the basis of the botany concept of probing into new plant varieties and legal meaning, proposing the inherent meaning of intellectual property protection of new plant varieties, that is offering protection to the varieties of plant fitted the new legal meaning, so protecting the right of breeders. And then explaining the function on the international economy of intellectual property protection of the new plant varieties; Secondly on the basis of redefining the new plant varieties, according to the different producing ways of plant, defining the protection range of the new plant varieties' protection, analyzing sexual propagation plant , asexual propagation plant , wild plant , transgenic plant and the conditions of receiving intellectual property protection of the new plant varieties one by one. On this basis, recommending two kinds of standard to assert the new plant varieties—The log-in and DUS of variety of plant test; Finally, putting forward four principles of intellectual property protection of the new plant varieties, namely economic principle, interests balance principle, ethic principle and distinguish principle.Second part It is the evaluation and analysis to protecting mode of the new plant varieties, including the contents of two respects mainly. First of all, studying the two international organizations about the new plant varieties--UPOV and WTO, recommending their aim., protecting mode, etc. analyzing the difference and sameness of the twoorganizations. Then relatively studying the intellectual property protection mode of the new plant varieties, investigating the typical country -China and European Union that adopt "single type" (new plant variety right or some special right to protect the new plant varieties), and investigating the adopt the typical country —U.S.A. and Japan that adopt "compounding type"(protecting mode of more than two kinds) , introducing the plant patent, new plant variety right, some special right of the new plant varieties as plant patent, etc. analyzing these country's own legislative modes and foundation of the state policies, discussing the disadvantages and disadvantages between the "single type" and the "compounding type", thus the author reach a conclusion that the balance of the national conditions of various countries and international standard is the criterion to which kind of type should be adopted.The third part It is discussed how to perfect the intellectual property right protection system of new plant varieties in China, including the contents of two respects mainly. First of all, explaining the importance of protecting the new plant varieties to Chinese faming and lumbering at present, on the basis of analyzing our country's present legislative style and state policies, pointing out the variety right that our country adopts own deficiency, and studying its problem in terms of protection system of the intellectual property right, making some suggestions about how to protect the intellectual property rightsystem which accord with the national conditions of our country: we should improve the existing variety right system firstly; establish the system of plant patent secondly, and keep the prudent attitude on treating the transgenic plant.Finally, It is a conclusion, on the basis of summarizing the first three parts, expounding the author's own views again, our country should adopt the protection mode of " compounding type " , thus It could accord with the international trend of expanding the protection domain of the plant varieties, and also accord with the choice of the state policies of our country. At the last, there is some explanation to the issues of this thesis.