New Plant Variety Protection System

China in1997set up a special legislation to protect new plant varieties. April23,1999China’s accession to UPOV1978text, new plant varieties become China’s intellec-tual property rights in the new family member. With the new plant variety protection s-ystem’s role in economic development, more and more prominent, resulting in violations of the behavior of new varieties of plants emerging. Meanwhile the United States, the European Union, represented by the developed countries in the field of intellectual prop-erty competition to the field of new varieties of plants, developed under the "Agreement on Trade-Related Intellectual Property Rights"(TRIPS Agreement referred to) pushing t-he International Union for the Protection of New Plant Varieties Convention (referred U POV) specialized legislation, especially the higher level of protection1991text, which gives our country and other developing countries has posed a serious challenge. Hence our need to protect new varieties of plants to study this important topic.In this paper, plant variety protection system as the research object, introducing ne-w plant varieties protection regime change history, understanding of national plant varie-ty protection system, the legal system and legal remedies. For a higher level of protect-ion to our UPOV1991text has posed a serious challenge to the objective situation, to explore how to create and appropriate to the stage of development of new varieties pro-tection system.And to "Watson" and "New America Summer Jane" variety dispute as an example case study. The study found the system of plant variety protection authority e-xists in a small number of new varieties of plants, lack of information and communica-tion protection uncoordinated difficult informed violations fact difficult to identify the f-acts and determine the amount of compensation infringement many problems. The reaso-n put forward to speed up the "Regulations on the Protection of New Plant Varieties" correction pace of new plant varieties to enhance the management of the relevant prod-uct market and supervision, adhere to the protection of new plant varieties accuracy tri-als, and strengthen all aspects of plant variety protection training of professionals, bree-ding to enhance the level of innovation, accelerate the upgrading of products and other specific measures. Making optimal allocation of resources, adjust the pattern of interests, maintaining market competition order, an important mechanism for encouraging innovati-on, agricultural science and technology innovation and development of strategic measur-...