Research On The Legal Protection Of Substantive Derived Varieties

As an important part of the intellectual property protection system,substan tially derived varieties are related to the improvement of the intellectual propert y legal system,the improvement of the competitiveness of agricultural science and technology innovation and the implementation of the national food security strategy.In China,the lack of laws and regulations on substantial derived vari eties results in that many people of substantial derived varieties adopt to ad-d one or two genes with different traits,and the original varieties that the ori-gi nal breeders have successfully cultivated with great efforts are taken as their o wn.Substantial derived cultivars can not only obtain independent new plant va riety rights,but also do not need the permission or payment of the original br eeders in the process of commercial utilization.The emergence of this phenom enon not only dampened the initiative of original breeders to innovate,but also caused problems such as low utilization level of germplasm resources and sin gle structure of crop variety rights in China.Therefore,this paper USES literature research method,comparative analysi s method and system analysis method to firstly introduce the basic concept,de velopment process and theoretical support of the protection system of substantia lly derived varieties.After discussing the necessity and feasibility of the legal protection of materially derived varieties in China,the author draws the conclu sion that the establishment of the protection system of materially derived variet ies in China has reached the appropriate time.And in the face of substantial d erived varieties will encounter in the process of legal protection of dilemma,in more countries outside of the pros and cons of substantive derived varieties p rotected mode,the author put forward the following Suggestions: the cognizanc e of substantive derived varieties should first classified according to different s pecies of plants,to determine the specific value of the genetic similarity,technological progress shall be regularly updated and follow him;Secondly,the prot ection of biological genetic resources in China should be strengthened to avoid the re-emergence of species extinction,and the update frequency of the nation al plant variety protection list should be improved to expand the connotation o f plant variety rights.Thirdly,in the face of social public interests and farmers' rights and interests,reasonable restrictions should be imposed on people of su bstantial derived varieties to further clarify the subject scope and applicable sta ndards of farmers' privileges.Finally,the balance mechanism between the intere sts of the original breeders and those of the substantial derived varieties should be established to avoid the theft of their painstaking scientific research results by the derived varieties owners,so as to achieve the balance of the interests of the two.