Research On The System Of Plant Variety Protection In China From The Perspective Of Interests Balance

The level of biotechnology is an important standard to measure the comprehensive strength of a country,and has become the strategic commanding point in the international competition.As an important achievement of biotechnology innovation,strengthening the protection of plants is an important measure to stimulate breeding research and development,to promote the development of breeding industry,and to ensure the safety of agriculture.In order to protect and expand its global interests,the main developed countries strongly promote high level of intellectual property protection of new varieties of plants.So that they can control the breeding industry and related industries in other countries,especially developing countries with their economic and technological advantages.Although it is an inevitable trend to improve the protection level of new varieties of plants in the era of knowledge economy,but at present,there are many problems in China,such as lack of innovation ability of agricultural breeding,serious loss of plant genetic resources,weak agricultural foundation,improvement of farmers' living standard,lag of breeding industry,etc.Under this international and domestic background,to do in-depth analysis of the interests of all parties in the protection of new varieties of plants,to do comprehensive consideration of multiple objectives such as incentive breeding innovation,protection of plant genetic resources providers and farmers growers,food security risk prevention and protection of biodiversity can do good to solve the imbalance of interests in the protection of new varieties of plants in China,and to establish a new plant variety protection system in line with China's national conditions and balance the interests of all parties.Firstly,this paper expounds the basic theory of the protection of new varieties of plants.It defines the concept of new varieties of plants,reviews the origin and development of protection,reveals the significance of protection,and expounds the legal basis of the protection of new varieties of plants.Secondly,this paper analyzes the protection of new varieties of plants from the perspective of interests.It analyzes four main contradictions in the protection of new varieties of plants,such as interest contradiction between breeders,interest contradiction between breeders and genetic resources provider,interest contradiction between breeders and farmers and interest contradiction between breeders and the public.Thirdly,this paper reviews the main laws,regulations and judicial interpretations of the protection of new varieties of plants in China,and analyzes the imbalance of interests in the protection of new varieties of plants in China to deal with the above four major contradictions.Fourthly,this paper analyzes the current international pattern of the protection of new varieties of plants,and makes a comparative analysis of the protection system of new plant varieties in the United States,the European Union and India and Africa from four aspects,such as the following breeders,the genetic resource provider,farmer grower and social public interest,and summarizes the corresponding enlightenment.Finally,this paper summarizes the basic principles of the protection of new varieties of plants in China,and puts forward some suggestions to balance the four kinds of relative interests imbalance in the protection system of new varieties of plants in China.