Research On Judicial Protection Of New Plant Variety Rights

Plant resources are an important asset for mankind and are related to the sustainable development of human society.Humans use their wisdom to constantly transform plant varieties and create more high-quality new plant varieties.Out of consideration for the protection of the interests of "creators",such "intellectual property rights" need to be protected.For thousands of years,my country’s agricultural civilization has never been cut off,and to this day,my country’s plant variety resources have been quite rich and occupy a leading position in the world.Compared with western countries,my country’s new plant variety protection system is established late and the protection level is low.It cannot effectively and effectively promote the innovation and development of new plant varieties in my country.In December 1997,my country promulgated the first law specifically protecting the rights of new plant varieties,that is,the “Regulations on the Protection of New Plant Varieties of the People’s Republic of China”,which indicated that my country had begun to incorporate new plant variety rights into the scope of law for protection and adjustment.One of the purposes of establishing new plant variety rights is to protect the interests of variety rights holders,so as to stimulate the enthusiasm of variety rights holders to continue to study new varieties,thereby promoting the commercial development of new plant varieties and allowing more people to enjoy high-quality variety resources.At present,there are many problems in the protection of new plant varieties in my country,mainly related to legislative,judicial and administrative adjustment and protection,especially in terms of problems in judicial protection,which need to be resolved urgently.Through analysis of judicial cases,the author found that the infringement of new plant varieties mainly involves disputes between variety names and derived varieties.Since relevant laws in China do not provide for regulatory measures for two types of infringements,legislative blanks and inadequate legal operations have led to frequent infringements..In addition,with regard to theprotection of new plant varieties,the time intervals for the formulation of various legal norms are long,and the main social environment and the era of problems to be solved are not the same,making the relevant legal systems for the protection of new plant varieties to a certain extent.Not coordinated.In addition,in judicial practice,facing the phenomenon of infringement of new plant varieties,various legal systems cannot be effectively connected.In addition,there are more procedural issues in the judicial protection of new plant variety rights.For example,when the rights holders of new plant varieties are defending rights,they are often caught in the dilemma of long rights protection,ambiguity of stakeholders,and difficulty in applying prohibitions.The improvement of the judicial protection of new plant variety rights has,to a certain extent,influenced the realization of modern agricultural production strategies and intellectual property power strategies.When improving the current status of judicial protection of new plant varieties,we must aim at encouraging innovation and adhere to the basic national conditions of our country.Facing the judicial difficulties in the protection of new plant varieties,the existing legal system and corresponding judicial interpretations may be amended before the “Law on the Protection of New Plant Varieties” is promulgated to better solve the problems caused by legal gaps Difficult judicial trial;at the same time,by constructing a judicial appraisal system,a relief path linking administrative law enforcement and judicial protection,and a unified tort damage compensation standard,etc.,to a certain extent,it effectively responds to and solves the imperfect judicial appraisal system,the imperfect judicial protection procedures and Difficulties such as inconsistent judicial judgment standards.In short,respond to and adjust the status of judicial protection of new plant varieties from the inside and outside,with a view to effectively solving the difficulties in judicial protection.