The Internal Connection And Legislative Difficulties Of Variety Right And Wild Plant Genetic Resources

Biological economy will become an important industry of the 21 st century. Many countries in the world cost a lot to study various kinds of creatures, especially wild plant gene and biological genetic information stored in it. And the genetic information is protected as important national genetic resources and put into development and utilization. China is one of the few countries in the world with large kinds of wild plants, widespread in China and with a long history on the wild plants. Thus China also has a mass of wild plant genetic resources. Under current situation, our country must strengthen the protection of wild plant genetic resources and take them into rational development and utilization based on scientific protection, so as to serve for our country’s economic construction and scientific development. At present, the main protection method in China are the In-situ Conservation and Ex-situ Conservation, both are to protect an entire plant or a community of wild plant, which can be summarized as a physical protection way. Another way is patent protection of the gene or gene segments of wild plants but which is rarely used. Both protective ways are rational to some extent, but related laws and regulations on ownership and interest protection of using wild plants to cultivate plant species are obviously lacked.. Therefore, many people take this chance to get huge profits from the wild plant genetic resources. For this highlighted problem existed currently and based on the existing protection ways, this paper discusses a new approach to protect the genetic resources of wild plants, that is to grant right of Plant Variety. Based on introduction of the characteristics of the wild plant genetic resources and breeding technology, as well as the introduction of the law theory and the laws and regulations of new plant variety, this paper analysis and demonstrates the rationality and feasibility of taking use the right of Plant Variety to protect wild plant genetic resources, and put forward specific suggestions on some concrete issues involved in taking use the right of Plant Variety to protect wild plant genetic resources combined with related laws and regulations in China and abroad.