Research Of Crop Germplasm Resources Protection Law

With the development of the knowledge economy, international economic competition has entered a new stage, as the representative of exclusive intellectual property has become the era of economic competition economic competition rules. In the field of agricultural economy, the role of agriculture germplasm in international competition in the agricultural sector has become increasingly evident. In 1994, the Uruguay held that intellectual property is used as a powerful weapon to protect the interests of certain countries, as an integral part of the trading system and inclusion, thus was born the "trade-related intellectual property rights agreement", the signing of the agreement marks the protection of crop germplasm resources into the new era of globalization, so that the protection of crop germplasm resources utilization trends in the rapid global expansion of today becomes increasingly important.In 1999, China and the world, are a milestone: China joined the "International Convention for the Protection of New Varieties of Plants", and in the domestic law on the establishment of a system of crop germplasm resources protection regime set in line with the requirements of the TRIPs Agreement regulatory and law enforcement operation system. TRIPs and the UPOV Convention by developed countries is to be the extension of domestic institutions to international, reflecting the demands of the economic interests of the developed countries, our country is suffering from the text added UPOV1991 direct pressure, while facing the threat of international agricultural trade and the formation of varieties developed the country’s "biopiracy." Of how to modify and improve our new Plant Variety Protection of Legal System in compliance with the global rules of the game situation, as a need to face the issue.This case study is based on Chinese legal research of the rural economy, starting from the actual situation of crop germplasm resources protection and utilization of the crop germplasm resources protection, safeguard farmers’ rights as a main line, sort of related legal issues, the main content of the paper includes seven aspects: First, the background of China set forth the use of crop germplasm resources protection, purpose, significance, research ideas and specific methods, some of the research and innovation difficulties and to study and solve the problem, as this thesis introduction; the second is interpretation Crop Germplasm Resources related concepts discussed in legal theory, economics, management theory, to explore the expansion of the trend of globalization of intellectual property protection; Third, China crop germplasm resources protection legal system and operating mechanism to do static analysis and dynamic analysis. The main use 2004--2014 Ministry of Agriculture and related agencies related applications for crop germplasm resources protection and authorization data, survey data agriculture all these years of the operational status of China’s current legal system of crop germplasm resources protection empirical data analysis to identify Our current system process running problems in this area, providing for the improvement of crop germplasm resources conservation Chinese legal system theory and empirical support; Fourth comparative reference studies, comparative analysis of different countries in the region and related organizations in the protection and utilization of crop germplasm resources practices and useful experience for the future development trend analysis; five is proposed to improve the protection of the legal system of crop germplasm theoretical foundation and integrated system to build and other issues; six for the current crop germplasm resources protection operation of law System of the problems associated with running protection design; seven is the study of the legal protection of crop germplasm resources were summarized and research prospects.