Mode Of Protection Of New Plant Varieties

The development of science must be accompanied by legal progress. With the development of agricultural science and technology, people know more and more about new plant varieties, and the legal system is establishing and improving.This article is aimed at the protected mode of new plant varieties. People will have a comprehensive and clear understanding of the protected mode of new plant varieties, according to the explanation of the protected mode and specific classification. And I wish my article could provide some useful reference comments for the construction of legal system of China new plant varieties.At first, the article discussed the basic theory of new plant varieties, some as the concept of new plant varieties, its legal nature, the history, and the judicial practice. According to the explanation of the basic theory of new plant varieties, the theoretical foundation of the article is established. After that,the article discussed international situation of the specialized systems of new plant varieties. TRIPs Agreement pointed that there was three methods to protect new plant varieties: Patent law, effective special law, and integration of the two. Regarding to the effective special law, UPOV have provided its special method, which contains two versions: 1978 version and 1991version. By analyzing the varying effective special law of various countries, this chapter focused at the effective special law which provided by UPOV, in order to providing a international environment and background for the next chapter. Then, the following chapter begins to dissertating the specific protection mode and classification of various countries. At present, the best classification about the protected mode of new plant varieties is dichotomy, which contains two specific ways: the combination of Patent law and effective special law, and the independence of the two kinds of law. By the way of empirical study, this chapter is in order to elaborate and assess the mode of new plant varieties of various countries. The last chapter summarized the whole article, and proposed my own suggestion about the protect mode of new plant varieties.