Research On Identification Of Infringement Evidence Of New Plant Varieties

Cultivating new crop varieties with high quality and high yield is an effective means to solve the basic food security of cultivated land reduction and population growth in China.improving the protection of new plant varieties can promote the public to cultivate new crop varieties with high quality and high yield,which is also the requirement of improving intellectual property protection in China.In recent years,the number of applications and authorizations for new plant varieties rights in China has increased year by year,the technical content of new plant varieties has increased year by year,and the number of infringement cases of new plant varieties has increased,showing a trend of diversification and complication.In the process of identification of infringement evidence of new plant varieties,procedural justice guarantees substantive justice,which is the key to encourage the cultivation of new plant varieties and promote the cultivation of new plants to meet the growing material needs of the public.The identification of infringement evidence of new plant varieties is different from that of other intellectual property cases,and there are relatively few research and legal provisions on infringement evidence of new plant varieties in China.The development of biotechnology has broken the boundary of plant propagation material.In order to safeguard the interests of the public,we should combine the relevant evidence to determine the propagation material.In judicial practice,the tendency of lowering the standard of evidence for infringement of new plant varieties has eroded the public interest while destroying the procedural justice.Reducing the administrative tendency of judicial organs in the process of identifying new plant varieties infringement evidence is the basis of realizing the fair procedure of identifying new plant varieties infringement evidence.Based on the types of disputes of new plant varieties in China,combined with the related cases of new plant varieties infringement,this paper studies the evidence determination in the new plant varieties infringement litigation,analyzes the problems of evidence determination in the new plant variety infringement in China,and puts forward some suggestions to improve the evidence determination of new plant variety infringement cases in China.In the infringement litigation of new plant varieties,the reduction of the standard of infringement evidence,even the court takes the initiative to carry out evidence collection work,has the tendency of judicial administration,which makes the infringement litigation procedure gradually enter a vicious circle.This article first embarks from the new plant variety right characteristic,carries on the analysis to the new plant variety right protection scope;Secondly,starting from the current situation of the new varieties of plants infringement evidence,combined with the relevant cases of different courts,the new varieties of plants infringement evidence is investigated;Finally,from the point of view of the dual protection of the obligee and the public interest,combined with the actual situation in China,it puts forward suggestions to improve the identification of evidence for infringement of new plant varieties.