Policy Choice Of China's Intellectual Property Protection Of New Plant Varieties

As a form of the intellectual property rights protection, The new plantvariety's protection guarantees the breeders' monopoly rights by offering thebreeders' rights. On October 1st, 1997 our country began to implement "New PlantVariety Protection Rule in People's Republic of China".On April 3rd, 1999 ourcountry, joins the 1978 text of the.International Convention on Protection of NewPlant Varieties (in short UPOVC).After 7 years implementation, we have begun toform a protection system according with the international standard. But theinternational plant new variety protection step even more quickly, the UPOVC1991 text challenge our country's protection to the new plant variety. Also thedeveloped countries have exerted very big pressure on us. In order to affirm theachievement gives gained in the protection of the new plant variety and promoteour country's joining in the UPOVC 1991 text and the international trade, also forour country's development in planting industry and the breeders benefit, this papercombs the current theories and the practice related to the new plant variety'sprotection, put forwards own views to our country's protection of the new plantvariety.Taking the UPOVC 1978 and 1991 text as a background, the author hasdiscussd the implementation statement of our country's "New Plant VarietyProtection Rule" as well as the influence which imposed on our agriculture. Thuswe can see the present situation of our country's new plant variety protection. Atthe same time on the basis of analyzing the differences between the UPOVC 78text and the 91 text, the paper discusses the international environment and thedevelopment tendency in property rights protection of the new plant varietieswhich faces our country and then gives suggestions on the law and policy choicewhich we we should take.This article is divided into the foreword, the text and the conclusion amongthem 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 new plant variety at present. On the basisof probing into function on Chinese economic and social development ofintellectual property protection of the new plant varieties. This part purposes to describe the article's meanings and new ideas. Thus launch foreshadowing for thenarration of the full text.First Part. It is a summary,including the contents of three respects mainly.Fast of all,On the basis of the concept of probing into new plant varieties and legalmeaning, proposing the inherent meaning of intellectual property protection ofnew plant varieties that is offering protection to the varieties of plant fitted the newlegal meaning, so proteaing the right of breeders. And then explaining the functionon the international economy of intellectual property protection of the new plantvarieties;Then on the basis of redefining the new plant varieties, according to thedifferent producing ways of plant, defining the protection range of the new plantvarieties' protection, analyzing sexual propagation plant, asexual propagationplant, wild plant, transgenic plant and the conditions of receiving intellectualproperty 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-inand DUS of variety of plant test; The author thinks our country should positivelyapply for the variety international registration, so that have more varieties toregister. And this will encourage the breeders. Secondly, discussing the breeder'srights' function to the agriculture economy, namely the significance of the newplant variety protection. Finally, introducing the development cause of intellectualproperty protection of new plant varieties, discussing why there were theseconditions from no country offering protection to the new plant varieties to variouscountries trying to be the first to offer protection, and then reaching theinternational protection, proceed with essence of the intellectual property right.Second Part.It is a evaluation about the new plant variety protection law ofour country.Firstly introducing the main content of "The New Plant VarietyProtection Rule" and clean up some key concepts and then make a briefevaluation. Our country's stipulation has met the UPOVC 78 text's requirementsbut not the 91 text.Then analyzing the positive effect as well as the problemexisting in the protection of the plant variety protection since the implementationof the" Rule".The positive effect is mainly showed by enhancing the competitiveability of the agricultural product, impelling and standardizing the seed industrymarket, promoting the agricultural science and technology innovation;the existing problem is mainly the strengthenment of the system construction and the shortageof display of the system effect.Third Part. It is the core of this paper. Two small parts are included in it. Thefirst small part introduces the present international situation in the new plant varietyprotection and elaborates its development tendency by unifying the domestic andforeign research achievements. The emphasis is the illustration of the two mainEuropean great countries: America and England and the comparative analysis ofthe present protection situation among Japan,Han the two main Asian countriesand China. Also shows the differences between the UPOVC 78 text and 91text's. The conclusion is the new plant variety protection is internationalizing justlike the patent system and the UPOVC 91 text is the tendency of the new plantvariety protection. After that the second small part discusses the developmentsituation of our new plant variety protection and the countermeasures we have toadopt. The author thinks that we should join in the UPOVC 91 text as soon aspossible. The countermeasures we should take is to make full use of thetransition-period to prepare essential condition for our joining and to speed up theconstruction of the international advanced Chinese seed science and technologyindependent innovation system and implement seed science and technology valuechain management innovation strategy and accelerate the Chinese seed scienceand technology industry colony's rationalization.The Concluding Remark. It briefly sums up the full text, outlines this article'sviewpoint and further emphasizes the author's suggestion: to prepare essentialconditions to join in the UPOVC 91 text as soon as possible.