The Research Of The System Of Intellectual Property Protection About Chinese Medicinal Materials Resources Under The GAP Agriculture

GAP applies available knowledge in addressing environmental, economic and social sustainability for on-farm production and post-production processing, resulting in safe and healthy food and non-food agricultural products. Chinese medicinal materials belong to the scope of agriculture. It is the entire process, from the prenatal (such as seed quality standardization), production (such as the production of each link in the management of Technology Standardization) to postpartum (such as the standardization of the processing, storage and transportation).That should follow the relevant norms, and then form a set of complete and scientific management system. In recent years, it is becoming increasingly serious with the continuous development of the GAP of Chinese medicinal materials that the intellectual property is infringed. For example, Chinese medicinal materials are facing serious "bio piracy" plunder, and geoherbs is abused, led to that consumers don’t trust it, and the interests of farmers who as the genetic resources holders and traditional knowledge disseminator is not fully protected, Therefore, in the development process of GAP agriculture, it is in the increasingly prominent that strengthen the necessity of intellectual property protection of Chinese medicinal materials.Characteristics of the intellectual property protection of Chinese medicinal materials in agriculture under GAP is involved in a wide range. Usually,the subject of protection is collective organization, easy to cause the protection consciousness is weak. The protection object is diversification, to make the protection mode has comprehensive. Research of the intellectual property rights protection system should be involved in the new plant variety right, patent right, geographical indications, copyright and other. At present, our country does not separate legislation on this field, and the existing legal protection system which is related that all exist some problems, such as the program of the new plant variety right review is complex and the disclosure of patent right of the genetic resources has avoided difficulty, the laws and regulations of the geographical indication protection are too many to be valid,and it is difficult to determine the term of protection of traditional knowledge database etc.The United States, France, Japan and other countries with much advanced experience is worth learning about new plant varieties to be determined, geographical indication as a collective trademark or certification trademark to be registered, etc, but also as a developing country, India, there is a lot of valuable experience is worth learning about benefit sharing of bio-genetic resources and the protection of traditional knowledge database. Therefore, how to improve the legal system of intellectual property protection of Chinese medicinal materials in agriculture under GAP has become urgent to solve. It should be further consummated, such as determination of the new plant variety rights, benefit sharing of bio-genetic resources, geographical indications protection included in the trademark law, defining copyright etc.