A Research On The Protection Scope Of New Plant Variety Rights

The range of preservation of new vegetation breed rights is related to the preservation of breeder,and its quiddity is the balance between public interest and personal interest.At present,my country’s legislation only includes propagation material into the range of preservation,which indirectly encourages breeding plagiarism and aggravates breed infringement.It is not conducive to the sound development of the breeding industry,and It’s hard to defend the legal rights and interests of the breeder.The preservation range of the new vegetation breed rights should be reasonably spreaded.In addition,the identification of propagating materials and the identification of commercial purposes in the range of preservation of new vegetation breed rights are often the focus of controversy and trial difficulties.Legislation urgently needs to be clarified to strengthen practicality and supply precise legal foundation for the preservation of new vegetation breed rights.Although the preservation range of new vegetation breed rights has gone through many years of practice and development,it is still in a dynamic mode.The disputes surrounding the propagating materials,harvested materials,and substantive derived varieties in the preservation range have never stopped.First of all,the respective concepts are not clearly defined.,There is no unitary normal internationally,and there are even conflicting clauses in various international conventions.Secondly,Different models are a comparison of benefits.Based on consideration of various factors,it is reasonable for our country to limit the preservation of new vegetation breed to breeding materials.However,with the proliferation of variety infringements,international marketization,and the narrow range of preservation has become increasingly prominent.Legislation should be adopted to reasonably spread the range of preservation of breed rights,clarify the standards for propagation materials,and refine the identification of commercial purposes,so as to avoid breeding plagiarism,reduce international plant trade infringement disputes,and encourage breeding innovation.Better indemnify the rights of breeders and stimulate the growth of the breeding industry.Expansion of the preservation range of new vegetation breed rights should take into account the specific national conditions and synthesized national power.my country’s biodiversity has abundant plant genetic resources.In number of applications for new vegetation breed,according to statistics from UPOV member states,China has leapt to the world’s number one position.The trend continues to spread.In addition,the plant breeding industry has gradually matured,and contextured a intergal industrial system,which has the feasibility of spreading the range of preservation.Furthermore,so as to avoid breeding plagiarism,subside the infringement of new vegetation,suit to the transforms in the breeding industry,and hoist the healthy and sustainable development of the field of new vegetation,it is necessary to spread the range of preservation.How to ameliorate the preservation range of new vegetation breed rights,first of all,focusing on the narrowness of the preservation range,should adopt a phased expansion of the preservation range model,taking the lead in the inclusion of substantive derivative varieties,which will not only give the domestic breeding industry a buffer period,but also provide a buffer period for the future to connect with the international preservation prepare for.Secondly,legislation should be stepped up to clarify the identification standards of propagating materials and establish a clear legal basis for judicial practice.Finally,it is necessary to further refine the determination of infringement of new vegetation assortment,respecting the commercial purposes,give quantifiable regulations to reduce subjective discretion.