Research On The Legal Protection Of Plant Varieties Rights Of China

New plant varieties mean those plant varieties which were cultivated through artificial means, or be developed by wild plants that were found. They possess novelty, distinctness, uniformity and stability and also have appropriately name. Plant variety rights is the proprietary rights of breeders, it is a kind of intellectual property. At present, the international protection of plant varieties are divided into three modes:the protection of special law; patent law protection; a combination of both. Its development trend is increasingly to improve the standard of legal protection. Since the implementation of "Patent Law" and " Plants Varieties Protection Regulations ", China has achieved good results in terms of the legal protection of plant varieties and also achieved its legislative purpose, but there are still many problems. First, in the legislative aspects of patent law:The lack of definition of the concept of plant varieties; Exclusion of plant varieties of the object of patent law; Method patents can not be extended to protect the plant varieties directly obtained by the patented process. Second, in the legislative aspects of plant variety protection:the Legislative level of the current" Plants Varieties Protection Regulations " is low and lack of authority; the protection of breeders’rights is not sufficient; the design of protection system is not perfect. Third, there are contradictions between "Patent Law" and the "Plants Varieties Protection Regulations" and other laws, regulations and policies related to plant varieties; other Supporting measures are inadequate. To solve these problems and shortcomings, I suggested that China should further improve the protection of plant varieties with the combination of national conditions. First, Modify the" Plants Varieties Protection Regulations ", Legislated by the NPC and improve its legal order, gradually expand the scope of protection of plant varieties; Improve the related content and rights system; Revise the contradictions between the laws and regulations, improve supporting measures. Second, Further revise and improve the "Patent Law" with the combination of international trends of plant varieties protection; Establish patent protection of transgenic plants, Increase restrictions on farmers’privilege, Proposed a protection mode of special law and patent law in China. The third is to establish the mechanism of the access and benefit-sharing of genetic resources.