Study On Establishment Of New Plant Varieties Crime

In the current,the spirit of innovation is the spirit of the times,and we inhance thefoucs on technological innovation. Intellectual Property Right is charged with moreimportant responsibilities.In agricultural fild, the protective function of IntellectualProperty Right also gradually prominent. At present, the main way of protection ofbreeders is New Plant Variety Right.But the New Plant Variety Right protectionsystem is not perfect,especially in Rriminal Law that doesn’t have the imputationabout new plant variety rights,producing a lot of problems.This paper is in thecriminal angle of view,to consummate the new plant variety rights system.This paperhave three parts.The first part is foreword,introducing the background of New Plant Varietyprotection,the protection ways of other countries,the study progeny,and advancing theinnovation of this paper.The second part is text,composed by five chapters.The keynote is the study of thenecessity and feasibility to establish the imputation of violating new plant varietyrights as well as setting the imputation and penalty. Chapter one introduces thetheories of new plant variety rights,about the judging standard,content of rights andthe exceptive provision.Chapter two generalizes the actuality of new plant varietyprotection in China,deficiencies in our country,especially in Criminal law.Chapterthree analyzes the causation of establishing the imputation of violating New PlantVariety Right,deployed in two ways of the necessity and feasibility.The analyse ofnecessity is around of reality system and policy foundation.This chapter is the theoryfoundation of this paper.Chapter four is about the establishment of the imputationg ofviolating new plant variety rights.On the basis of action,the writer propose toestablish two accusations,Crime Authorized Varieties Counterfeiting Crimes andCrime of Illegal Producte,Sale New Plant Varieties Propagation Material,and analyzethe constitution and penalty of these accusations.The last chapter is to proposesolutions, on basis of suppose about the problems involved in the judicial application,to verify the scientificity of these accusations.The third part is conclusion,summing up the focus and innovtion of thispaper,proposing the inadequacies of this article,and hopping to have futher studyabout this issue.