Study On The Protection For New Variety Right Of Agricultural Plant

As a large agricultural country, China are strengthening scientific and technological innovation in order to be a world agricultural power in the new period,since cultivation of new varieties of plants is an important measure to promote the rapid development of modern agriculture. Since 1997, China has promulgated and implemented a series of supporting laws and policy documents, such as <Regulations on the protection of new varieties of plants>.And these are gradually building up the basic framework of laws and regulations about protection of new varieties of plants which guarantee and promote the breeding and popularization of new plant varieties. In 1999, our country joined in UPOV successfully which is the core of legal protection of new plant varieties. And from then on,our country began international communication about protection of new varieties of plants which promote our country agriculture science and technology innovation, and enhance international competitiveness, so that ensure the safety of national agricultural economy.Although our country has made certain achievements about protection of new varieties of plants. But compared with developed countries, there are still many deficiencies which can be reduced to four aspects. Firstly, the infrastructure of scientific and technological personnel training is weak which is extremely disproportionate to the quantity of agricultural plant resources in China. Secondly, there is no complete legal system in the protection of new plant varieties, such as the poor operability of application, authorization, rights protection, law enforcement about new varieties. All in all, the protection of law still has some places to be improved. Thirdly, because the poor legal consciousness of practitioners and researchers, so the violations of the new plant variety right is common. Lastly, Law enforcement system is unreasonable and professional quality of law enforcement personnel is not high, and even there is protectionism in some place which blanket out the examination of right infringement. All above four aspects would lead to problems of our new plant variety right protection.Through the international comparative analysis and domestic vertical analysis, this paper try to put forward some suggestions to improve the protection system of new varieties of plants in China, in order to build future coping strategies in the domestic, international bilateral and multilateral levels, which can help occupy initiative in future. In the legal level, our country should improve domestic legal protection system of new varieties of plants from international conventions and domestic legal system by upgrading the international conventions according to current situation. Meantime, on the basis of advanced protection experience of developed countries, we should further improve laws and legislations of right protection of new plant variety in China, and formulate feasible operating procedures, in order to ensure that the legal provisions can work accordingly. Then we should reform the existing administrative law enforcement and judicial protection mechanism, and establish specialized institutions to improve the professional level of law enforcement personnel, so as to improve investigate strength and the focalization. And our country should make more effort on making reward system including spirit and material reward which can improve their enthusiasm on cultivation, research and development of new varieties of plants. Thirdly, we can try the implementation of national policy intervention about new plant varieties that involve in beneficial to the people’s livelihood, which our country can acquire new variety rights and mandatory implementation, so that can ensure the smooth operation of plant variety right application. And we should take measures to promote the importance of the protection of new agricultural plant varieties actively which push the formation of a thick atmosphere of the social protection of the new plant variety right. Lastly, we also should make our information platform of the national network through making full use of information technology to enhance the examining speed of invasion of the new plant variety right. Through these measures, we hope that the legitimate rights of plant variety can have all range of protection in research, development and promotion,and protect lawful rights and interests of owner, and promote the development of new varieties of agricultural plant breeding in China faster and deeper.