Research On The Infringement Of New Plant Varieties

New varieties of plants refers to the relevant authorities of the State in accordance with the laws and regulations, economic rights and moral rights of the general term given variety rights enjoyed by their new species. Since the new plant variety protection system was established in1997and joined the International Union for the Protection of New Varieties of Plants in1999, Plant Variety Protection has made great achievements and the amount of the application of new varieties of plants is also showed as an increasing trend year by year. However, the birth of new varieties of plants is along with the infringement, and with the new varieties of plants growing role in economic development, such violations is more and more. Because of the protection of new plant varieties is still in the preliminary stage of exploration, the relevant provisions of the "Regulations on the Protection of New Varieties of Plants" is more general, the lack of specific provisions and poor operability.This article starts from the basic theory of the protection of new varieties of plants, uses literature, comparative studies, empirical analysis, comparative analysis of the foreign protection of new plant varieties, and describes the situation and existing problems on the protection of new varieties of plants in China. Put forward a comprehensive proposal of new plant variety rights system. This article can be divided into four parts, the first part elaborates the basic theory of new varieties of plants, it argues that new varieties of plants is a similar patent intellectual property, but it does have unique legal characteristics and Specific content. It is an independent intellectual property rights; The second part of the comparison method examines the international community UPOV Convention, the Trade-Related Aspects of Intellectual Property Rights Agreement and countries as the United States, the protection mode for China; The third part mainly talk about the new varieties of plants infringement, its infringement ways and defenses; The forth part analysis and pointes out the problems in the development of new varieties of plants in China, Then put forward recommendations for the rationalization of New Plant Variety Protection system, such as improve the legislation, improve administrative protection mechanisms, improve the judicial protection mechanism, especially, I explore the problem of large seed’s responsibility.