The Legislative Study Of Farmers’ Right In Plant New Varieties Protection

With the rapid development of molecular biotechnology, protection and utilization of plant genetic resources become the focus of international attention. Around the key issues of sharing the follow-up development interests of plant genetic resources, a persistent fierce battle has launched in between developed countries and developing countries. Developed countries mainly use the new plant varieties as spear to largely plunder developing countries’ rich plant genetic resources, and developing countries use the right of farmers as shield to confront the "biological pirates" behavior of developed countries. So far, farmers’ right has been discussed by Convention on biological diversity organization, the United Nations Food and Agriculture Organization (FAO), World intellectual property organization and the World Trade Organization (WTO) frequently. As a biodiversity superpower, China has rich plant genetic resources, however, China’s relevant laws and regulations of protecting plant genetic resources which is the carrier of farmers’ rights is quiet limited. Under the action of the strong intellectual property system and the transgenic technology, farmers’ right in our country is violated unceasingly, which seriously threats to our country’s food security and social stability. So this paper is under the background that the international plant genetic resources protection falling into a variety of disputes, and the farmers’ rights in our country has been violated, researching the problems of farmers’ rights protection through the method of comparative analysis and inductive analysis.Besides preface and epilogue, this article is divided into four parts.The first part introduces the source of the right of farmers, the development of farmers’ right in international law and domestic law, the theory basis of farmers’ rights protection, and details the subject, object and content of farmers’ right from the perspective of legal elements, and then discusses the nature of the farmers’ rights and the relationship between the right of farmers and the right of new plant varieties.The second part mainly enumerates and analyses the legislation practices of foreign plant variety protection of civil rights, summed up the outside in the precious experience of farmers’ rights protection, for our study and reference. Especially largely using India plant genetic resources database system, plant genetic resources information disclosure system and the juristic responsibility system of farmers’ rights for reference.The third part analyses the farmers’ rights legislation of our country from the perspective of Patent law, Seed law and specialized law, and then summarizes the main problems of the farmers’ rights legislation in our country.The fourth part mainly combines the existing problems of the farmers’ rights legislation in our country, puts forward the principles of establishing the system of farmers’ rights, introduces new system and new rules,and improves the farmers’ rights legislation of our country by improving and supplementing the countermeasures of farmers’ rights system and so on.