Comparative Study On Legal Protection Of New Plant Varieties Between China And Japan

The protection of new varieties of plants is of great practical significance to Chinese agriculture,which can maintain the diversity of genetic resources,promote the innovation of agricultural science and technology,and promote the development of seed industry in China.Japan was the first country with the legal protection of new varieties of plants,it is also the only one in Asia undergo the transformation of the UPOV1978 text into the UPOV1991 text,its laws on new plant varieties issued early,and has long history,therefore,it is of great significance to improve the legal development direction and system of new varieties of plants in our country.First of all,this paper is completed by using the comprehensive literature research method,data research method and comparative research method,it bases on the legal protection models of new plant varieties in China and Japan,and investigates and analyzes the composition,development process and current status of the two protection models.Secondly,through the judicial cases,this paper focuses on the comparison between China and Japan in the protection objects of new plant varieties,scope of rights,the main authorization requirements,the right to produce,period,the exception of the protection effect,registration system,legal responsibilities and so on.Contrast,and then summarize the advantages and characteristics of China and Japan in terms of new plant variety laws,for example,in addition to civil litigation,China also uses administrative and mediation methods to resolve infringement disputes,which fully saves judicial resources;"the New Plant Variety right in the The Seed Law of the People's Republic of China" requires punitive damages to infringes of new plant variety rights,which reflects China's crackdown on infringements;Japan's designated seedling system,unified variety registration system,and restrictive policies on farmers' privileges all provide convenient and effective ways to protect new plant varieties and stimulate seed innovation.Thirdly,through the above comparison,this paper finds the deficiencies of protection mode and laws of new plant varieties in China,such as the patent system precludes the protection of new varieties of plants,the low rank of the New Plant Variety Protection Regulations,and the lack of Provisions on penalties,unclear civil liability,low penalties for torts,and the complexity and conflict of laws on new plant varieties in China.Finally,this paper according to these problem and bases on China's national conditions gives some suggestions,such as establishing a "double-track system" as the main protection mode,improving the legal rank of the Protection of New Varieties of Plants,consummating the civil liabilities,increasing the penalties for infringement,removing the regulations of new plant varieties protection in The Seed Law,harmonizing the relationship between laws and so on.It strives to improve the law and protection mode of new plant varieties in China,stimulates the breeding enthusiasm of Chinese breeders,and provides more effective legal guarantee for fighting against infringement,balancing the interests of breeders and farmers,and maintaining the agricultural safety in China.