A Study Of The Protection Of New Plant Variety And The Choo Sing Of Protection System

This article is based on the new varieties of plants. This "new varieties of plants" means thoseplants that grow through artificial cultivation or development, and to have the superior concept of"plant varieties", which has three natures: consistency, specificity, stability. At the same time, italso need to possess novelty and a proper name in accordance with the provisions of the UPOVconvention. Initially, protection objects of the patent law did not include plant, and it was not untilthe advent of Mendel’s law that people gradually began to focus on proprietary plant breeding work.After finding its great significance to the seeds trade and the agricultural development in eachcountry, many western countries began to explore the legal protection of plant varieties. Theestablishment and development of the UPOV convention marking the international protection ofnew plant varieties and usher in a new era.This article is divided into four parts:The first part based on the definition of related concepts of new plant varieties, including"plants" and "plants varieties" and "new varieties of plants" and so on, which has been clear aboutthe meaning and content of new plant varieties in law, and it also expounds the necessity andimportance of the protection of new plant varieties.The second part introduces the international protection of new plant varieties nowadays,combining with the legislative practice of the representative states. The existing protection mode:patent law protection mode, a specially protected mode and composite mode are analyzed andbriefly reviewed in this paper, and by comparing the old and new version of UPOV and IRIPSagreement, it reveals the current international development trend of the system of new plantvarieties and the deficiencies.The third part introduces the protection of new plant varieties in China this days comparingthe similarities and differences between a specially protected mode and patent law protection.Italso analyzes the deficiency of the existing protection system in China, and reveals the challengesthat new plant varieties protection in China is facing under the new situation at the same time.The fourth part, by comparing the legislative situation and achievements at home and abroad,combined with our country’s specific national conditions such as seed breeding research anddevelopment ability, trade condition, planting industry development level, farmers’ living state andbreeding industry policies and so on,we can conclude that China should take a new plant variety protection path based on our own specific conditions, which different from the Europe, the UnitedStates, Japan, India and Pakista.