Farmers’ Rights In China Plant Variety Protection System

In recent years, with the rapid development of biotechnology, the value of agricultural genetic resources became more and more important. However, a serious imbalance between demand and system supply value highlight the symbiotic system, the developed countries to borrow the intellectual property system overseas strategy to strengthen the interests of research and innovation. China has more than7,000years of history, our farmers’ agricultural reclamation development and utilization and cultivation of breeding a large number of cultivated plants, its richness is unique in the world. Agricultural genetic resources as our strategic and basic resources, has a very important role in China’s economic development.Agricultural genetic resources right of farmers, especially the origin and farmers of the Center for Biological Diversity, based on their past, present and future contribution made in conserving, improving and making available plant genetic resources rights. Its main include:the national, rich agricultural genetic resources specific communities, as well as the particular area farmers. Agricultural genetic resources rights advocate is entitled to huge profits for research and development, sales process requires the right to share in the research and development of new varieties of plants, in the sales process, the aforementioned subject. The nature of the right of agricultural genetic resources should be defined as follows:one conferred by law, be able to stand alone, with allegations of new varieties of plants to defend civil rights. Therefore, we should consider to build agricultural genetic resource rights, access to genetic resources and benefit-sharing regime Realization, adequate and effective protection of farmers as stakeholders should have interests in the Protection of New Varieties of Plants regime, to build a national germplasm resources barriers.Throughout extraterritorial, because the world economy, the level of technology development disparity interest demands vary, especially the issue of whether to recognize the right to genetic resources for agriculture and how to protect new plant variety protection system in the international showing complicated pattern. Overall, the United States and other developed countries to focus more on the intellectual property system to obtain benefits, and occupy an important position in the breeding process of developing countries, farmers could not get due reward in a timely manner. Therefore, adding a large number of developing countries, the balance of breeders and farmers’ rights to become one of the main directions explored by scholars. India and other developing countries the CBD concept as an important theoretical support for the Protection of New Varieties of Plants, strengthen agricultural genetic resources right of access to genetic resources and benefit-sharing as a way to build agricultural genetic resources rights make a good demonstration.A review of the development of the system of our country in recent years, the Protection of New Varieties of Plants, we can find that moment in the rapid development of biotechnology, bio-piracy "and" bio-piracy "the phenomenon is growing, plant genetic resource loss in the form of changes, from the initial species, varieties of resource wastage development to the genetic loss of its derivatives, at the same time, the scope and quantity of the loss of plant genetic resources with rapid expansion. Sustainability of farmers as resource providers adhere to resource protection and heritage, there is no agricultural genetic resources, varieties of innovation will lose material basis; no effective incentive for the Protection of New Varieties of Plants system, there would be no breeding techniques continuous progress and new varieties of continuous output. Face the dual challenges of the growing loss of resources and huge economic benefits lost to agricultural genetic resources rights standpoint, the introduction of genetic resources and benefit-sharing system has a very important significance.The study of law anchored fusion of ecology, environmental resource science, ecology, ethics, economics and other disciplines of knowledge, analysis and argument, that promote the establishment of a coordination mechanism between the interests of the agricultural genetic resource rights and new varieties of plants, gradually improve the conservation of genetic resources and benefit-sharing system, will be conducive to fully mobilize the resources provided by the parties to the breeders, seed operators and farmers enthusiasm. Key to ensure farmers’ rights, and fully mobilize its preservation, dissemination and improvement of traditional varieties enthusiasm to maintain a healthy and sustainable operation of the entire genetic resource systems provide a solid resource base for breeding innovation. Learn and absorb foreign legislative practice in agricultural genetic resources conservation and utilization, and focus on the right to the legal system of agricultural genetic resources within the framework of the Protection of New Varieties of Plants build.