Conservation Status Of New Varieties Of Plants In China And Countermeasures

With the increasing scarcity of resources, lack of arable land resources, the independence of productivity and quality of agricultural products on agricultural science & technology is getting greater, it will need to evoke the initiative and creativity of agricultural scholars. As for breeders whose results of labor should be protected by perfect legal system, need definition of property rights to encourage technological innovation, to balance the benefits between the obligee and the public ,in the long run to distribute resources reasonably.The development of knowledge-based economy has largely driven the economical globalization, at present, our nation's Protection of New Varieties of Plants follows the regulations of UPOV(1978), that is under the premise of the single system, New Varieties of Plants UPOV Convention itself is applied by means of UPOV, while for other breeding methods are given patent protection. This level of protection is lower; furthermore, there exist contradictions among protections of new varieties of plants in the legislative level, especially the coordination of legal system of new varieties of plants rights. Therefore, this method of protection is debatable both from the legislative and judicial practice and feasibility and implementation efforts. Thus, it is necessary to research on the protection of new plant variety rights in China. This article is divided into four chapters:Chapter I mainly interprets the concept and characters of the new varieties of plants and plant variety rights as well as other basic theories concerning to them. Then it comes to preview of the origin and development new plant variety protection system.Chapter II analyzes the international treaties and most counties'practices on the protection of new varieties of plants; it makes a detailed research on Japan and USA whose protection mode is typical. In the last part, it illustrates the present situation of protection in China in the perspective of legislation and practice.Chapter III tries to find the defects in the Protection of New Varieties of at present in China by comparison, and seek for the points to be introspected.Chapter IV deals with the legislative and judicial measures to be taken to improve better the current situation. It also lists a series of principles to be followed specific issues to be solved, thus to improve the new plant variety rights protection system in China.