Research On The System Of Plant Variety Protection In India

New plant variety protection system is an important part of every country?s strategy of intellectual property,and play an decisive role in the breeders’ interests protection, agricultural development, biodiversity conservation and food safety issues.In the area of the protection plants varieties, India is the world’s agriculture and biological resources country, has been trying to protect their own interests, it is also a typical representative of the developing countries for protection plant variety.On a amount of international forums and organizations, India is a typical representative of the developing countries, in many ways its interests represents the views of a large number of developing countries.India has always been to place food security as the pinnacle of its national development goals.Breeding activities and the development of new varieties is a decisive factor in improving rural incomes and the level of the economy as a whole.Moreover, India as a member of WTO, to fulfill his obligations under the TRIPS agreement, which provide intellectual property protection for plant varieties, at the same time,and practice the promise of the ITPGR.Thus, India combined with the actual conditions of agricultural country, adopted a Sui generis plant variety protection mode,is different from the developed countries only protection breeders ’ rights, India set up a protecting system balanced the interests of breeders and farmers.In 1993, the India Ministry of agriculture has drafted a plant variety protection and farmers ’ Rights Act,and enacted in 2001, plant breeders ’ rights in the form of special law protection of new varieties of plants.In addition, India also establish benefit-sharing mechanisms and biological disclosure of origin of genetic resources, which is India a major feature.The Protection of plant Varieties and Farmers ’ Rights Act(PPVFR)protects the breeders property investment and creative work, makes India the international competitiveness of agricultural products to be promoted.Plant breeder’s right is for protection of the exclusive rights of new plant variety and set up as a civil right, which is essentially a new type of intellectual property.This research focuses on farmers ’ rights and interests as a starting point, based on the costs and benefits of intellectual property rights theory, the theory of balance of interests as the cornerstone of the theory, integrative jurisprudence, economics, sociology, and other disciplines of research perspectives and methods, strive to address the protection of new varieties of plants to provide a certain degree of support.Through research PPVFR as a clue, clear system features and put forward specific recommendations for developing countries to achieve the interests of farmers, adhere to the principles of its domestic seed market to meet the international challenges,also for the realization of farmers ’ rights and interests protection, food security, stability and development as well as contribute actively to enhance the international competitiveness of agricultural intellectual property.The article main body content including five chapters:The first and second chapter mainly introduces the writing background, literature review,farmers’ rights,plant variety rights and defining the concept of new plant variety and theory foundation.The third chapter by introducing the international background of the development of new varieties of plants, mainly analyzes the UPOV 1978 and 1991 texts of the Convention, TRIPS agreement and the CBD and the effects of the Convention, which leads to the next chapter.The fourth chapter analysis the Indian system of plant new varieties in domestic conditions, from the origin of new plant varieties protection system development,to the legal environment of plant new varieties protection,then specific to the content of the new varieties protection system,, last through empirical data, analysis plant new varieties system implementation of effect.This is also an important part of this article.The fifth chapter,summarizes the characteristics of the new plant protection system,pointed out the shortcomings in the system, and then put forward a sound path.