Study Of Intellectual Property Protection Of New Plant Varieties In China

The New Plant Variety right is one kind of exclusive ownership granted to new plant variety owner by the New Plant Variety Protection, Examination and Approval Authority according to the stipulation of law and regulations. International Community increasingly concerns the New Plant Variety right , a new kind of Intellectual Property right . It is of strategic importance for China , a big country majoring in agriculture and having a huge population , to strengthen the protection of intellectual property right of new plant varieties . Starting from the introduction of new plant varieties , this article deduces the conception of New Plant Variety right and basing on this ,maps out the intellectual property legal features of the New Plant Variety right . In combination with the international protection state of New Plant Varieties , this article describes the legislative condition the formation of basic right and the methods of protection , to explore the existing problems of New Plant Variety protection and the perfection direction .The main article is divided into four sections:Section one : the basic theory on New Plant Varieties protection . On one hand , by describing the necessities of intellectual property of New Plant Varieties , this section deduces the conception and the legal features of New Plant Varieties and by comparison with common Intellectual Property right , it also analyses that the New Plant variety right is a new and independent intellectual property right . On the other hand , through the explanation of the origin , development and present state of the New Plant Variety right protection system , it clarities the present state of International New Plant Variety right protection system and its development trend.Section two mainly introduces the basic contents of our New Plant Variety right protection system , clarifying our present protection state of New Plant Variety right . Beginning with the main trend of the establishment and development of our New Plant Variety protection system , this section introduces the legislative set-up of our New Plant Variety right protection . Then it details in the obtaining essentials and the basic right formation of our New Plant Variety right .First, it introduces the sphere , requirements ,procedures and the present state of authorization. To follow up, it analyses the specific rights of New Plant Variety owner , i.e .production right , sale right , right of usage , right of permission , transfer right, name and sign right and so on , at same time , pointing out the right limits such as reasonable application and enforced permission.The third section describes the remedies to the New Plant Variety owner and the methods to punish encroachment with the protection from both Administration and Judicial organs .The core of the Intellectual Property Right is to protect the right owner to exercise his/her right in accordance with law , and punish any encroachment. The protection of New Plant Variety right is no exception . This section puts emphasis on the procedure set-up of judicial protection , and explores the application of non-fault responsibility of New Plant Variety encroachment, with an analysis of the formation essentials of the encroachment and a demonstration of the specific forms of the encroachment. At the same time , it deals with the procedural and substantial problems, clarifying the tendentious opinions of solving them .Section four describes how to perfect our New Plant Variety right protection system . First , it deals with the perfection problem from the legislative level , to explore how to perfect the present Protection Regulation of New Plant Variety , including the revisement and adding up of it to make it coordinate with the relevant law and regulation . Finally , we should use the experience of International New Plant Variety protection and learn its advanced ideas to realize the promotion from Regulation to Law . Legislation is the base to perfect the system , however , it also needs the guarantee of the Administrative and Judicial power . when strengthening the protection level , we'd better pay attention to the balance of the interests.