Research On The Protection Of Other Varieties By Using The New Plant Variety Legal System

At present,although the international convention for the protection of new varieties of plants,namely UPOV convention,has been established around the world,which is based on the requirements of the Trips agreement in the WTO,and all member states must adopt their own legislation to protect new varieties of plants,yet in actual agricultural production of reality,except new plant varieties,there are also a large number of non-plant varieties of agricultural varieties cultivated.Moreover,in these non-plant new varieties,the traits or agricultural indicators of some varieties are same as the general new plant varieties,and even better.Therefore,it must take the protection of such species into considerationFor this purpose,the protection legislation of new plant varieties in India,Philippines,Bangladesh and other countries specifically provides for such varieties,including the protection of varieties such as local breeds,indigenous breeds,etc.,in addition to the provisions on the protection of new varieties of plants,its protection philosophy also relies on and adopts some viewpoints in the Convention on Biological Diversity,such as the principle of benefit sharing.These countries also protect indigenous species and the protection of new plant varieties together,constitute a special new plant variety protection laws.From this point we can seen that China’s current legal system of new plant varieties has its own defects and deficiencies,and it should take into account the protection of such varieties while protecting new plant varietiesTaking the above reasons into consideration,this paper classifies the varieties other than the new plant,and classifies the varieties that are beneficial to human society as "other varieties",then analyzed and studied the basic types of "other varieties",the sources of breeding,their own social values and the status of their application in agricultural production Based on this,it analyzes the necessity and feasibility of establishing "Other Variety Rights"and the value concept that should be followed when establishing such rightsThen,with the assistance of the rights features and content of the new plant variety rights,this paper analyzed and studied the basic conditions of "Other Variety Rights",subjects of the "Other Variety Rights",rights object and content and other related matters,thus established basic legal issues and basic legal frameworks for the protection of "other varieties".