In Terms Of Perfecting The Legal Consideration Of The New Plant Variety Protection

Since1997in China after the accession to the UPOV, protection of new plant varieties has made some achievement, but there is still a big problem. There is a very large gap compared with Western developed countries in research and development, implementation, protection and training. Both from the policy and the legal point of view, this idea of consciousness can be found in the light of the crux of the problem.This article focuses on the legal aspects to my suggestions on perfecting the system of new plant variety protection in China.At the legal level, first post breeder enjoy the right to match its contribution of material to be true, they add interest to the flame of genius of firewood to promote more actively into breeder’s group working to foster and develop new varities of plants; Second, in building information platform, improved plant variety property rights trading markets on the basis of the strict control of the force and scope of the farmer’s privilege so as to ensure smooth flow of rights in the process of popularization and application of the new plant varieties; Again, by expanding the scope of the scope of protected varieties,and authorized varieties of the "upstream"middleware used in breeding process and products, and trademarks are included in the law expressly provides that the scope of protection of downsream,and by providing for the pre-ban system ensures that the right person at the time of entry into the action phase of the tort losses is not expanded,then punitive damages be refining the provision.In this way, on the three pillars of developement,promotion and protection of new varieties of plant. In addition, it is a good system will also need bodies to implement, or it amounted to a dead letter. It will devote effort on advocacy and training, particularly for farmers, researchers, students, operators, and managers to focus on agricultural products.A way as to solve China’s investment in research and development of new plant varities and tort costs low, poor ductility of the continuity and protection measures product development issues.