The Research On The Improvement Of New Plant Varieties Protection System In China

China is a traditional agricultural country, and there are nearly70%of Chinese livein rural areas, which lives on agricultural directly or indirectly. Therefore, the increaseof agricultural science and technology strength is an important force in promotingChina’s economic development. And the crops are the basic production and means ofsubsistence farmers, thus how to raise the yield of crops, is the most effective way toimprove farmers’ living standards. The new varieties of plants has been shown to beparticularly effective in shortening the growth cycle of crops, enhancing crop pestresistant ability, and improving crop yield.Since China’s Regulations on the protection of new varieties of plants wereissued and implemented in1997, new plant variety protection system in China havebegun to set up and gradually perfected, which is aims to encourage breeding researchas well as raise the enthusiasm of scientific research institutions by strengthening theprotection of the new plant variety right. However, with the development of relevantresearch on Intellectual property system in China and the developed countries, Thenew plant variety right as a new branch of the intellectual property rights hasgradually become complicated. Because our research on the new plant variety right isstill in the initial stage, and people’s application consciousness on the new plantvariety right is weak, lead to that our protection system of new varieties of plantsexposed many problems in practice.Therefore, this paper attempts to use the theory of intellectual property to explainthe development of plant variety rights protection in overseas, combined with thedevelopment situation of the domestic related system in our country, In order to providesupport and guarantee for the future construction of the protection of new varieties ofplants system.In this paper, it is divided into five parts.The first part is the introduction, mainly introduced the theoretical and practical significance and importance, and expatiate on the development situation, China andthe world’s major countries of new varieties of plants involves issues and futuretrends;The second part is an overview of the new plant variety right, including theorigin and development of new varieties of plants, the concept and characteristics ofnew varieties of plants. And analyzed the protection system of new varieties offoreign plants, such as: TRIPs agreement,"New International Plant ProtectionConvention" and "Convention on biological diversity."The third part introduced the system of our country on the new plant varieties,the emergence and development of new varieties, including China’s position to protectthe legal framework for the system of protection of new plant varieties and our newplant variety protection system, such as: the legislation system, the law enforcementsystem, intermediary service system etc.;The fourth part analyzed the construction relates to our new plant varietyprotection system in the aspects of the factors, such as: the influence of seedenterprises, the impact on farmers and the impact on China’s agricultural products onforeign trade;The fifth part focuses on the suggestions and ideas, basic principles of our newplant variety protection system of the existing reconstruction.