Study On The Influence Of Implementing UPOV1991 On Seed Industry In China

As the core intellectual property of the agricultural sector,the plant varieties rights are an important strategic support for prospering the variety market and seizing the commanding heights of the biological industry.In 1997,China promulgated the Regulation on Protection of New Varieties of Plants,and joined UPOV1978 in 1999,since then nearly two decades has passed.The level of creation,protection,utilization,and management of new plant varieties in China has been gradually improved,and innovation in the seed industry has grown rapidly.However,the protection level of the UPOV 1978 is relatively low.And with the rapid development of breeding technology,some problems are gradually revealed.From the perspective of the international environment,implementing UPOV1991 is becoming a common choice for more and more UPOV members.Compared with UPOV1978,UPOV1991 has strengthened the internationalization of plant varieties protection,increased the protection of new plant variety rights,extended the duration of protection and the list of plant genera and species,strengthened the protection of original breeding innovation,and broadened the protection layout of seed industry.Therefore,whether to join the UPOV1991 is of great significance for the development of China's modern seed industry and food security.This paper aims at the practical problems of the lack of independent innovation capability in seed industry enterprises,serious homogenization of breeding,and lack of original innovation incentive system in China.Based on property rights economics,institutional innovation and other related theories,a comprehensive use of bibliometrics,descriptive statistics,econometric models,pedigree analysis and other methods,around the characteristics of new plant varieties innovation,the paper studies deeply the evolution of the UPOV system changes.Based on the comparison of the internationalization of plant varieties protection,finding out the advantages and gaps of our country in comparison with the seed industry developed countries,the paper discusses the feasibility,rationality and deficiencies of joining the UPOV1991 and uses an econometric model to analyze breeders' willingness to choose UPOV Art.Combined with the actual situation of breeding innovation,transformation and applications of plant variety rights,import and export trade in rice,maize,and wheat industries,the paper depthly analyses that whether China's participation in UPOV1991 will have an impact and possible risks,and proposes corresponding policy recommendations.The main conclusions of this paper are the following four aspects:(1)From the perspective of the evolution of the UPOV,joining UPOV1991 is an inevitable trend in the future.The number of member countries joining the UPOV is increasing,and the number of members in UPOV1978 is gradually declining.The number of members in UPOV1991 is gradually increasing,accounting for 76%.The UPOV1991 is more conducive to the development of the protection of new plant varieties.(2)From the comparison of the performance of the UPOV,statistics show that the number of PVP applications and titles in China has grown rapidly,and the international rankings are higher,which makes it possible for China to join the UPOV1991.However,the international plant varieties protection of China is less developed than that of developed countries,for example there is a gap between the number of nonresident applications and titles,applications abroad,the range of protected species,and international testing cooperation.The main reason is the low level protection of UPOV 1978 and the lack of awareness and capacity for international protection in China.Under the UPOV1991,it can enhance the confidence of coalition members in China's plant variety protection,attract high-quality germplasm resources,and add vitality to China's breeding innovation firstly.Secondly,UPOV1991 can better play the value of China's preponderant varieties,expand the international distribution of plant variety protection.Thirdly,it can promote China's participation in the cooperation in examination,and make preparations for increasing the scope of the list of plant genera and species.(3)From the perspective of the breeders' willingness of choice to UPOV,questionnaire surveys and model analysis studies have shown that the large-scale enterprises with high awareness and recognition of UPOV1991 and strong R&D capabilities have greater willingness to join UPOV1991;For companies that are small,lacking independent innovation and do not understand UPOV1991,the more reluctant to join the UPOV1991.(4)From the perspective of the industrial impact of the UPOV,this paper analyses the three major crops of rice,corn and wheat.First of all,joining UPOV1991 has a positive effect on rice breeding innovation,promotion and application,and import and export of seeds.In 2016,the parental coefficient of the newly authorized rice varieties with the parental title of Guangzhan 63 S was relatively high,but breeders of the protected parents and the new authorized varieties were basically the same,thus the implementation of EDV had little effect on these varieties.Secondly,more than 60% of parent of China's corn varieties contain foreign pedigrees,and the addition of UPOV1991 will make the popularization and use of domestic corn varieties and export of seeds restricted to foreign countries.Thirdly,implementing UPOV1991 has little impact on China's wheat industry,considering that 83% of the parents of Chinese wheat varieties are from pure domestic varieties,and the extent of Chinese wheat varieties dependent on foreign varieties is small.