| People regard food as their prime want; seed is the precondition of food. Our future will be restricted by two main technology, they are network technique and biotechnology. In the"NO.1 FILE"of the Central Committee of 2010, firmly grasping to patronize the core and large enterprises was mentioned, and caused serious concern to the intra-industry. Many agricultural enterprises contend with each other for intellectual property. Any enterprise which gets the intellectual property can have the initiative, the more intellectual property he gets, the more initiative he has. How to improve our competitiveness in the seed field of the world? The famous agricultural biological technologists and academician Yunliu Fan, the famous vegetable breeder and academician Zhiyuan Fang, the famous corn breeder and academician Jingrui Dai, and many other intra-industry authorities declared that we should strive to develop biotechnology and enhance the hi-tech innovation capacity in the seed field.The protection of new plant varieties was said as Plant Breeder's Right. It is a form to protect the intellectual property of new plant varieties and fall into the same category of intellectual property as patent, copyright and trademark. In recent years with the development of reform of the science and technology management system, agricultural science and technology was developed greatly. But because of market system development was attenuate and still in the early stage, the theory circle reach did not get a common understanding of the definition, terms of trade, value, treating applications and other problems of new plant variety. In practice, the definition of PVPA is confused, the property was easy to be lost, the trade is not smooth, the implementation is in low rate and technology tort was happened frequently. There are many imperfect, nonstandard things in the trade, protection and management of PVPA, and also there are many latent contradiction and problems in the trade of PVPA. Through the definition of basic concept o f PVPA, the thesis start with basic theories, use economic jurisprudence and reference overseas experience in the protection of PVPA to analyze the present situation of PVPA in China, and offer perfect system in the protection of PVPA.The thesis is composed of four main parts.In the fist part, it discussed the object and the nature of right of PVPA and the validity of PVPA system protection. It definite the plant varieties, shows the characteristics of plant variety by comparing with other intellectual products and explains the concept and characteristics of new plant varieties. At the same time, it through the analytical method of economic jurisprudence and using the analytical tools such as the economic theory of property right of economic jurisprudence, transaction cost economics and game theory to analyzes why we need protect the intellectual property rights and find the way we should follow in system design.In the second part, it mainly introduces and analyzes the protection system methods of new plant varieties in American, Japan and European countries, and then knows the development trend of international protection of new plant varieties and the challenges which China facing in the international background.In the third part, it explains the protection situation and mechanism of our new plant variety, introduces the present problems of protection systems for new plant varieties and analyzes the cause.In the last part, it offers valuable suggestions according to the present problems and the causes of new plant varieties protection. Firstly, it puts forward the public advantages and balance of interests we should adhere in protection system innovation of new plant varieties. Secondly, it puts forward four specific suggestions, such as legal system of PVPA protection, relevant procedures, and reasonable limitation about PVPA and deepens international cooperation. At last, it explores to build new protection system of PVPA which adapts to the development stage of China, and make the system to be an important mechanism in stimulating innovation, optimizing the allocation of resources,adjusting the interest pattern and keeping a fair and competitive market. |
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