Studyonplantvarietyprotectioninthe Transferofagriculturalplantvarietyrights

The agricultural science and technology is rapidly developing by times. Breeding, the important part of agricultural science and technology, is one of themes of agricultural development strategy. Although the development of new plant varieties has not been so long, it has achieved rapid development in these years. All the achievements should be owned to the improvement of the plant variety protection system. Because of the late start of plant variety protection in our country, there are still a lot of inadequacies. Actually, there are endless disputes in the transfer of agricultural plant varieties. The transfer process is blocked, which results in poor flow transformation of plant variety rights, new varieties of plants cannot be quickly and effectively promoted the application, thereby impeding the pace of agricultural development. Therefore, it’s meaningful and essential to find out the shortcomings in our plant variety protection system and the relative effective countermeasures to improve the protection system.This paper is mainly composed of the following five parts:The first part is introduction. It concludes the background, purpose, significance and research methods. It overviews the research content, combs the ideas of the research, and formats the technology roadmap. It also summarizes the key problems to be solved, find out the probable innovation and inadequacies in this paper.The second part is the theoretical basis and literature review. The theoretical basis detailed introduces new variety of plants, the protection of plant variety rights and the transfer of plant variety rights. Literature review summarizes the existing studies about the protection of plant variety rights to comprehend the status quo of this field and discover the value of this study.The third part is the case analysis. The paper selects the case of the variety rights transfer of corn hybrid D and S. Firstly, it introduces the case content, and then analyze the case. It also explains the role of the protection of plant variety rights played in the transfer of variety rights, and summarizes the current status of the plant variety protection. The fourth part analyzes the inadequacies and the problems existing in the plant variety protection.The last part summarizes the successful experience of protection system of the U.S., European Union and Japan. Then, it presented with specific countermeasures and suggestion suitable for our national conditions.