Research On Infringement Of The Rights Of New Plant Variety

With the development of society and economy,the number of the cases of the new plant variety infringement in China is increasing year by year.How to protect the rights of new plant variety has become an important issue in judicial practice.The infringement cases of new plant variety rights are different from those of ordinary intellectual property infringement cases.They have the characteristics of exclusiveness,regionalism and invisibility.When the court deal with this kind of cases,many disputes emerge.That is because there is no specific legal provisions and unified identification standards,which leads to different judgments to the same case.The purpose of this paper is to make a thorough study of the specific cases in the judicial practice,to make a thorough understanding of the problems related to the infringement of the plant's new seed rights,and to put forward a multifaceted rationalization proposal,and to further improve the legal system of the rights of new plant variety.Two typical cases are compared and what causes the problems is analyzed in this paper.These common disputes often get different conclusions in different courts,and the trial process is very worthy of discussion.First of all,the concept and content of new plant variety right are introduced.It is clear that the legal nature of new plant variety right is a unique intellectual property right.Secondly,it analyzes several kinds of forms of tort of new plant variety rights and the existing problems in practice,and the main reason is that the relevant legislation is not comprehensive enough,and there is no clear standard to follow.After that,the corresponding countermeasures are put forward,one of which is to clarify the identification standard of the right infringement of new plant variety right,including the identification of the right holder,the identification of the tort and the identification of the evidence.The second one is to make clear the principle of the liability for the new plant variety rights,and the third one is to calculate the standard of the amount of the United new plant variety right infringement compensation,and the last is to improve the exemption from the new plant variety right infringement.