Discussion On The Protection And Restriction Of Farmers' Right To Save Seed

As the 39 th member state of International Union for the Protection of New Varieties of Plants,China joined the International Convention on the protection of new varieties of plants(1978)in April 23,1999.In fact,Chinese constructed its own system of protection of new varieties of plants in 1997.The government formally formulated the Plant New Varieties Protection Ordinance in that year,for providing the legal safeguard for the development of the country's agricultural breeding,but also for farmers from the numerous occupied reserving rights set special provisions.But as the seed market continues to open up,China also faces the pressure of joining the UPOV 1991,and expansion trend of plant new strain right produces adverse effect on farmers' right to save seed.On the one hand,the farmers obtain new varieties of seedsfrom the seed companies to through self propagation occupied the behaviour of reserving seeds breeding materials in the market to sell,not lead to payment of variety rights using the cost of seed companies from farmers to buy seed production by the propagating material of the variety rights protection,caused by the variety right infringement cases increased;as on the other hand,with the scientific research ability of large seed company,in order to obtain a monopoly market,through the abuse of dominant market position and exclusive right,we limit the farmers the right to stud,traditional interests leading to farmers is not guaranteed.This paper analyzes the adverse influence on the monopoly of the seed companies by transgenic technology of farmers' right to save seed by the Monsanto V.Mcfarling and disadvantaged farmers live in the interests of the seed market share mechanism in UPOV1991.As a member of the text,double protection mode of new plant varieties in the United States reflects the variety right the continuous expansion of the trend,but also caused numerous rights continuously the nominal problem,it is worth our reference.Therefore our country under the existing system of protection of variety rights,how to construct the seed right system itself,and competition law play a balance between the farmers and the owner of the variety,the The Seed Company market interests,this paper is to investigate the problem.This paper is divided into four chapters,by comparative analysis,literature review,research methods such as case analysis of seed power system.The introduction part is the research background,expounds the aim of the first chapter;relationship from the farmers' rights and seed variety right,discusses on the protection of new varieties of plants different modes under the background and current situation of the development of seed right institution;the second chapter from the Monsanto V.Mcfarling case analysis,discusses the right selection dilemma;the third chapter demonstrates the necessity of establishing the protection system for right from the perspective of the competition law;the fourth chapter through the legislative construction and puts forward some strategies of diversification and the method of our system of protecting the right of seed.