The Theory And Practice Of Administrative Protection Of The Variety Rights Legislation In China

The New Plant Variety Right is one kind of ownership with monopolistic in character granted to new plant variety owner by the examination and approval authority of new plant variety protection according to the stipulation of law and regulations. It has important significance to promote the modernization of agricultural industry and insure food security for China, a large agricultural country and having a huge population. On this day with devoted to build an innovation-oriented country, the New Plant Variety Right has caught the attention of the whole society. Starting from the introduction of new plant varieties, this article analyzed the concept and characteristics of New Plant Variety Right, summarized the development course, approaches and characteristics of the protection in New Plant Variety Right at home and abroad. Then, had a discussion on the development status and the problems of administration legislation and administration law enforcement in New Plant Variety Right of China, and lastly, puts forwards some suggestions about perfecting system of New Plant Variety Right. The suggestions for the administration legislation of New Plant Varieties Right as follows:Increase and strengthen the protection provisions, research and work out a protection law for new plant varieties based on existing rules and regulations; Strengthen judicial interpretation and increase the punishment; Establish the judicial appraisal, expert witness, technical investigation and other litigation system; Perfect temporary measures system before varieties litigation; Improve efficiency and level of the administrative law enforcement; Strengthen enforcement team quality and ability construction. Increase the propaganda on protection of new plant varieties, and to enhance the whole society variety rights protection consciousness.This paper consists of four sections.Section one:The basic theory on the protection of New Plant Varieties Right. Include:The definition content and nature intellectual property of new plant varieties right; the development process of New Plant Varieties Right protection in international arena and in China and the implementation of varieties protection in China since the results achieved.Section two:Mainly introduces the basic contents of the administrative protection in New Plant Varieties Right. First explains what is administrative protection and a conclusion that the concept of administrative protection varieties and its characteristics, Second in the public interest, economic benefit, industry interests of three aspects describe the necessity of implementing administrative protection.Section three:Describe the current situation and existing problems of administrative protection of New Plant Varieties Right in China. Include:The lack of specific legislation in varieties of legal system, the inadequate of regulations and other relevant laws and regulations cohesion and the current regulations; various problems in the process of enforcing shows.Section four:According to the aforesaid right administrative protection legislation and various problems in enforcement practice puts forward relevant suggestions, in view of China's new plant varieties implement protection more perfect and effective.