Gansu Court Case Of Plant New Varieties Of Maize Investigation And Research Report

New varieties of plants belonging to the scope of protection of intellectual property, increase efforts to protect new varieties of plants, the promotion of agricultural science and technology innovation, the adjustment of agricultural structure, to solve the shortage of land resources, especially the lack of arable land resources, have a decisive role. Corn as one of China’s major crops, and strengthen the protection of new varieties of maize efforts to properly regulate breeders, producers, and the relationship between the interests of the operators, the maintenance of food security, protect the interests of farmers, maintaining rural stability, security new socialist countryside construction has important significance. Hexi Corridor in Gansu Province is an important maize seed base, as authorized by the state fewer varieties, seed industry, huge profits, resulting in multiple violations, to breeders, breeding organizations and breeding enterprise caused huge economic losses, serious damage to the agricultural experts innovative initiative, is not conducive to the healthy and sustainable development of the seed. In order to encourage breeders enthusiasm and creativity, new plant varieties in legal disputes to be further improved in the case, Gansu Court for "strengthening the protection, categorized, broad and strict" basic policy of judicial protection of intellectual property as a guide, based in Gansu corn seed industry’s actual situation, in adjudicating cases against corn varieties were multi-faceted exploration, to further improve the system of judicial protection of new plant varieties, promote agricultural development, protect farmers’ interests and maintaining rural stability, promoting innovative nation-building, safeguard the socialist market order and a new socialist countryside construction provides a strong judicial protection.This paper consists of five parts:The first part focuses on the court nearly five to one in Gansu, the second trial involving cases of new varieties of maize plants of the sort, analysis, research by way of a comparison chart, summed up the case in recent years, new plant varieties hearing the basic features.In the first part of the second part, based on the proposed Gansu court case against the new varieties of maize plants in the problems encountered, including jurisdiction confusion, approximate varieties can constitute infringement, how to exercise his right of recourse, the statutory standard of compensation over the negative effects of low, farmers Disclaimer infringement cases resulting increase in plant variety protection laws and other issues need to upgrade the rank.The third part focuses on the practice of Gansu Province in the trial court for violations of New Plant Varieties cases identified specific steps and methods, and on the scope of protection of new plant varieties, constitute an infringement of the exceptions, such as tort liability Trial major experiences and practices are summarized.The fourth part is mainly for the second section presents some of the contentious issues to be resolved, Gansu corn seed from hearing the actual situation, according to the basic principles of civil law and my judicial protection of intellectual property rights policy, the views put forward to solve the problem.The fifth part from the national level to consider, for the proper handling of cases of new varieties of maize plants presents the author’s few comments and suggestions.