Research On The System Of Plant Variety Rights In China

Intellectual property is based on creative intellectual achievements and industrial and commercial marks, which are granted by law. New varieties of plants are creative intellectual achievements which rely on plant genetic resources, and which are completed by the breeders. Plant variety rights are the exclusive right of new varieties of plants which are granted in accordance with the law. Therefore, the system of plant variety rights belongs to the scope of intellectual property. Speeding up the innovation of new varieties of plants and granted plant variety rights are the foundation of prospering the market of new varieties of plants, promoting the trade and implementation of plant variety rights, and promoting the scientific and technological progress seed in industry. The work of plant breeding is the foundation of cultivation or development of new varieties of plants, the most active factors in agricultural innovation, and playing a pivotal role in ensuring the safety of agro-forestry and promoting rural economic development in China. Determination of property rights is the most economical, most effective, and most lasting motivator. Therefore, the system of plant variety rights is one of the most important systems of innovation of new plant varieties. Under the conditions of market economy, it is necessary to establish a sound system which maintains lasting and efficiency of the innovation and application of new varieties of plants. And the system should make the innovators and users of new varieties of plants obtained the same improving in private income ratio and social income ratio form the application of new varieties of plants. Researching on the experience and lessons of the system of plant variety rights at abroad, this article is on the basis of China’s actual conditions, and further improves the system of plant variety rights in China.The first part of this article, discusses the related concepts of plant variety rights, and conditions for the grant of plant variety rights and the rights’termination, and the content of plant variety rights and the rights’limits and the origin and development of the system of plant variety rights, which are based on the connotation of plant variety rights.The second part of this article, introduces the development of the1978Act of the UPOV Convention and the1991Act and the protected mode of plant variety rights under the TRIPs, legislation of the protection of new varieties of plants and the dual protected mode of plant variety rights used patent system and the system of plant variety rights in United States, Japanese legislation of the protection of new varieties of plants and it’s contribution of the system of plant variety rights, and Indian legislation of the protection of new varieties of plants and it’s advanced concept and mature experience of the system of plant variety rights.The third part of this article discusses the current situation of the Chinese system of plant variety rights in detail, uses the application information of plant variety rights which are released by the Office for the Protection of New Varieties of Plants, MOA, P.R.China, to summarize the current situation of implementation of the system of plant variety rights in China, and on the basis of the situations, analyses the grim situation of the system of plant variety rights in China, and further points out the flaws of our system of plant variety rights in the legal system and administrative protection.The fourth part of this article is on the basis of above discussion, and from the respectively perspective of establishment and improvement of the legal system and standardizing administrative protection, discusses the system of plant variety rights in China from which it should be and how to improve in detail. On the one hand, the establishment and improvement of the legal system of plant variety rights should be based on our national conditions, draws on the experience of the UPOV Convention, as well as other countries, and focuses on the improvement of the rights’limits system of plant variety rights. On the other hand, in the part of standardizing administrative protection, this article mainly discusses the mechanism of the breeder’s assist and motivation, the establishment of technology promotion tracking mechanism of new plant varieties, and the strengthening of the administrative enforcement.