On Legal Protection Of Plant Variety Rights

With the development of science and technology, especially Gene technology, the wish has already realized according to human's will to improve the crops' output in many plant varieties. enhanced greatly the crops' output, quality and resistance. Enhanced the agricultural production efficiency. The legal protection to the Plant breeder's right has also become the objective request. The key content of the plant breeder's right is awards the breeder to enjoy sole right for their achievements. It is one kind of the intellectual property rights form. The majority of countries and areas use the special law to protect it, partial countries and areas protect concurrently with the patent system.The first part of this article, elaborate the rational basement of plant variety protection, analyze the necessity of legal protection. Through awards of the monopoly right, we can arouse the breeding enthusiasm, encourage the investment of the fund, thus cultivates more outstanding varieties and the promotion agriculture development Through the establishment of reasonable law system, the developing nation's heredity gene resources may be protected at the same time, rational benefit assignment will be promoted, social fair will be maintained. In addition, the TRIPS agreement and the UPOV are also requests clearly the member nation to have to select the explicit method to protect the breeder's right. China takes the member nation, certainly must observe these stipulations.The second part of this article, take US and European Union as example, discusses the protected mode of the breeder's right US carries on accommodating and transforms gradually to the traditional patent theory, practices three sets of system to protect the breeder's right, including Plant Patent Act, Plant Variety Protection Act, Utility Patent for a Plant. The protection form and the scope are quite complete. But European Union respects the traditional principle of the patent law, they thought the barrier is unable to overcome with the traditional patent law protecting the breeder's right; therefore they protect the breeder's right with the special law. Certainly, along with the gene technology development, European Union has also made corresponding accommodating, they can also avoid the special law but the patent system...