Analysis The Impact Of India’s And China’s Plant New Variety Protection System On Farmers’ Rights

WTO-TRIPS agreement signed in1994, has integrated Plant Variety Protection into the world of intellectual property protection areas, With the TRIPS Agreement, developed countries tried to implement the UPOV model worldwide, information technology as a symbol of agricultural revolution is the rise of new technologies. More and more countries began to focus on agriculture as an important component of intellectual property protection of new varieties of plants. China and India are important development in the agricultural country, because different plant variety protection system, have different policy effects.New plant variety protection system as clues, new plant variety protection system in the interests of farmers as an object of study. Integrated use of the administrative science, public policy, agricultural economics, intellectual property law and other disciplines of knowledge, combined with the literature review, comparative analysis and other methods. Comparative analysis the situation of the farmers’ interests under the plant variety protection system in Indian and China. Try to give a suggestion of the system so that we can encourage the breeder’s innovation, protect the breeders’ right and protect the farmers’ interests. This paper has been divided into six chapters except of introduction.The Chapter Ⅰ, Chapter Ⅱ introduces the main background、interpretation of the basic concepts and introduce the basic theory.In the Chapter Ⅲ we analyze the characteristics of the Indian’s PVP system. China’s new plant variety protection system’s development is based on the UPOV78. Different with China, India’s new plant variety protection system is unique. India set up their new plant variety protection system out of the UPOV.Chapter IV and Chapter V are the important part. In those two chapters the author wants to tell the readers what the farmers’ right is and how does PVP system protect the farmers’ right. In those two chapters the author are also analysis the new plant varieties protect system’s impact of the farmers’ rights and interests in India and China. For find the different impact of the farmers’ rights and interests the author compared the different structure of the PVP in those two countries, compare the different way that those two countries has taken to protect the rights of the farmers, Those analysis are based on Chapter Ⅱ.This last chapter, Chapter six is the most important chapter of this paper. This Chapter is the conclusion of the first four chapters. This chapter analyzes the similarities and differences of the two countries in the new plant variety protection system and the different impact on farmers’ rights and interests. Enlighten the PVP building in our country.