Intellectual Property Rights Protection Of The Agricultural Plant Genetic Resources

As the most important part of agricultural genetic resources, agricultural plant genetic resources is playing a more and more important role in the world’s food security and economic development.And it is also very important to the intensification of agriculture production and ensure sustainable development in agriculture. Along with the development of science and technology, the western countries under the support of economic and technological strength, which use the agricultural plant genetic resources of developing countries and related traditional knowledge, have obtained huge profits.In recent years, the protection of intellectual property rights with the premoting by developed countries is increasing.But the legal system is the most direct beneficiaries of western developers, and as a provider of resources,the developing countries is hard to get the corresponding benefit.The characteristics of easy to acquisition, storage and transportation from plants,made agricultural plant genetic resources became the important goals of western countries to obtain.And a Treasury of agricultural plant genetic resources of China, is increasingly influenced by western countries "favor".The biopiracy especially for plant plagiarism events happened from time to time,in our country.The loss of genetic resources is serious in China.So far, our country has quite a few scholars pay attention to agricultural plant genetic resources protection and research in the field of law, on the basis of previous studies.This article combined the existing theory achievement with the intellectual property rights under the expansion of the " Right of Farmers" to study and explore the way to protcect agricultural plant genetic resources.The article is writing under the logic thinking, that by law basic theory question research present situation from the research to the legal system construction. At first,analysising the concept of agricultural plant genetic resources and attribute, in order to clear the direction of the legal questions involved in;Then based on the current legal protection of agricultural plant genetic resources at home and abroad in-depth analysis, find a line of the legal system of the insufficiency in the protection of agricultural plant genetic resources; Finally, on the basis of full analysis and demonstration of agricultural plant genetic resources protection of intellectual property rights, to build and reason the "Right of Farmers" expansion theory,and modifing, using the intellectual property rights of agricultural plant genetic resources protection legislation in our country, to provide the reference of the protection about agricultural genetic resources.