Research On The Protection Of New Plant Species Rights In China

Research and development of new varieties of plants to increase agricultural output,has the vital significance to promote agricultural development,protection of new plant varieties used,such as licensing rights is very important to inspire the researchers actively research new varieties of plants.Research and development of new varieties of plants,is a important power of a country's agricultural sustainable development,especially in agricultural development bottlenecks gradually at present,the research and development and application of new plant varieties,is not only an agricultural development important premise for a long time,is also an integral part of transformation of agricultural industrialization.However,due to the differences of legislative model,legislative purpose and the emphasis of intellectual property law,different countries tend to differ in the extent and extent of protection of new varieties of plants.The patent law in our country only to patent protection,plant breeding technology of plant variety protection itself is insufficient,is not conducive to inspire the researchers involved in the cultivation of new varieties of plants,this was the cause of breeding new plant varieties in China always stagnant one of the important reasons.Compared with the traditional patent right,the new species right of plant has its particularity,and its application value is more extensive than that of traditional patent right,so it is often worth special protection.Plants in order to encourage research and development of new products and improve the current intellectual property system in our country,it is necessary for new plant varieties protection problems were discussed,in order to facilitate the perfection of legal system to promote the development of new plant varieties in real life.This article is based on the present situation of agricultural intellectual property protection in China,the protection of new plant varieties in China,mainly from the following four parts: the first part of the concept of new plant varieties descriptive analysis,the principle of protection,analyzed the current legislation on the regulation of new plant varieties,parse the core content of the current laws and regulations,so as to elicit central thesis of this article.The second part is about the protection of new varieties of plants in China.Main show is: the lack of new plant varieties protection ordinance,the patent law exist obvious problems,internal coordination of the existing legal system,rights to new plant varieties and farmers' rights and interests of the conflict.It is necessary to reflect and reconstruct the existing legislation of China.The third part of the United States and India will be the study of new plant varieties protection,in the first place in the international legislation level,selected the international convention on protection of new plant varieties(UPOV),the agreement on trade-related intellectual property rights(TRIPS),the convention on biological diversity(CBD),the international convention for food and agricultural plant genetic resources(ITPGR)four big international regulatory documents,study of new plant varieties protection status in the international legislation.Then,we analyze the regulations of the protection of new species rights of plants in the United States and India,and understand their unique protection modes.By analyzing and summarizing the experience of the protection of new plant varieties in the United States and India,it can be contrasted with China's legislation,which provides a better reference for the improvement of relevant legislation in China.The fourth part combines the experiences of the United States and India,and puts forward the corresponding legal countermeasures for the improvement of the protection of new species rights in China.Specifically,the new plant varieties protection ordinance to advanced,in the new plant varieties protection act in right protection as the center of the system design,improve the level of farmers' rights and interests protection in our country,we will improve the mechanism of form a complete set of new plant varieties protection.