Study On Protection Of New Plant Varities Rights By Judicial Way In Seed Reproduction Enterprises

Focused on judicial way to protect new plant varieties rights in seed breeding enterprises, specially designed questionnaires, archives and face-to-face interviewing method were used to survey the infringement of new plant varieties rights, license of new plant varieties rights, principle problems in protection of new plant varieties rights and the practice of judicial way of new plant varieties rights protection were investigated in Wuwei,Gansu province, China. The result showed that:(1) the situation of infringement of new plant varieties rights was serious; the capacity of new variety development was very poor in local seed breeding enterprises; weak consciousness was observed in judicial way protection of new plant varieties rights. Inexperience, hard to offer testimony, high court cost and low indemnity were blocking the way to protect right of new plant varieties by judicial channel.(2) In the judicial practice of new plant varieties rights protection, the divergence of adjudications among courts on the same case of infringement of new plant varieties right, as well as high proportion of mediation and dropping law suit weakened the function of the judicial way in new plant varieties right protection. It was concluded that the key of sustainable development of local seed breeding enterprises was to develop new varieties and acquire the new plant varieties right. Specification production, good collection and protection of proof were the precondition of good protection of varieties right. The judicial way is a reliable way of new plant varieties rights protection In China new plant varieties rights protection should base on its practical need, should not copy the way from the developed country.