The Research On Protection Pattern Of New Variety Of Plants

The new variety of plants is a form of the protection for intellectual property rights. The right of variety is granted to the breeding group or breeding person. It ensures the exclusive right of possession on new variety of plants for the group or individual who had bred it.The objective protected by the right of new plant variety is same as the intellectual property rights. They are both the intellectual achievements. Others who use the variety as merchandise must pay the fee. As the development of biological engineering technology, the new varieties of plants bring not only the profound influence on social and economic development, but also the challenge to construction of the intellectual property system in21th century. The studies on the patterns of law for plant new variety benefit on one hand the protection of owner’s interest, and push forward on other hand the generation and spreading of plant new varieties to benefit the human society.This study develops in several aspects. Its main frame is as followings: first the new plant variety and its pattern of protection are discussed. Then the criterion of choice for protection pattern of new plant varieties is obtained, by the studies on unitary system and duality system, as well as the patterns of national legislation that they represent respectively. Afterwards the study is focused on comparison among the patterns represented by the international conventions that China participates. The conflicts of interest behind them are indicated. Then the study is carried on the key issues of development for protection pattern of plant new variety in China. First the analysis is made on the feasibility of duality system, on the basis of legal theory. Then the analysis is made on the number of applications of the plant new variety by methods of data analysis, after the protection pattern for new plant variety was applied in China. The work is also made in construction of the regulation for invasive alien species in the field of environmental laws, and its influence on protection of the new plant varieties. These work represent the tendency in the future. Lastly, the actual situation of protection pattern for new variety of plants is concluded. A point of view is proposed. It states that the application of duality system is more suitable for the national situation in China. Some suggestions for its improvement are proposed.