The Application Of The Exhaustion Doctrine In The Protection Of Plant Variety Right

The Exhaustion Doctrine is a unique principle of intellectual property law.It has been widely recognized in the patent law,copyright law and other traditional intellectual property laws.However,the UPOV1978 does not provide for The Exhaustion Doctrine.Accordingly,our domestic law doesn’t involve,either.This has resulted that in the case of exhaustion of our country can only be based on the judge’s understanding of the trial,so there are always the situation that similar cases but the contradictory judgement results.In face of the new problems,this paper focuses on the relevant cases in China,combing the legal basis of the variety rights,which balance interests and efficiency.And then the paper learn experience from foreign developed countries,and finally give the conclusion that the transformation rate of scientific research of institutes in China is not high,the enterprise breeders is also lack of innovation.So China should focus on strengthening the rights of breeders,especially the enterprise breeders.Therefore,China should not apply The Exhaustion Doctrine to cases of variety.The first chapter is the introduction,including the research background and significance of this paper,research status quo at China and abroad,research content and research methods.In the second chapter,the paper puts forward the problem which China legislation and judicature faces in The Exhaustion Doctrine of variety right.Chapter 3 demonstrates the legal basis of The Exhaustion Doctrine of variety right,including the balance of interests and efficiency.The fourth chapter demonstrates the international variety rights protection system,the The Exhaustion Doctrine of variety right system,as well as the variety of rights exhausted practice in the major countries.learning from the experience of developed countries,improves relevant systems of China.Chapter 5 gives conclusion and suggestions: from the national conditions,China should not apply The Exhaustion Doctrine to cases of variety.China should implement a strong protection of breeders,when the time join UPOV1991.