Study On The Protection Of Plant Variety Rights

Plant variety rights is an important part of agricultural intellectual property. Its aim is to protect the rights of breeders, mobilize its research and development initiative, promote the breeding innovation and achieve diversification of investment in technological innovation. China is a big agricultural and breeding country, it is very important to strengthen the protection of plant variety rights for encouraging breeders'innovation and promoting the seed industry development and enhancing international competitiveness of agriculture. At present, there are still insufficient in plant variety protection system in China, the basic work of intellectual property management is weak, IPR protection awareness is weak , these lead to loss of plant variety rights and violations have occurred, affecting the interests of the variety rights'holders seriously. Therefore, the study of plant variety rights protection is significant.Starting with the basic theory on plant variety rights protection, This article studies the intellectual property rights theory, plant variety rights connotation, power structure and properties. On this basis, We make an analysis of the international protection of plant variety rights and summarize the experiences for China. Then analyze the changes in plant variety rights protection system and its implementing performance in China, according to our current situation and existing problems, We propose some strategies for plant variety protection, in order to improve the plant variety protection system in China, enhance variety rights protection power, promote its effective application and accelerate the implementation of agricultural intellectual property strategy. In the whole text, We study the plant variety rights protection from the following areas:(1) plant variety rights protection theory understanding. Theory of property rights and intellectual property rights, plant variety rights and its holders,structures and properties are all studied .Then analyze the importance and necessity of plant variety rights protection.(2) the international protection of plant variety rights and the experiences for China. We compare and analyze UPOV Convention, plant variety protection systems in the United States, Japan, European countries respectively. at last, We summarize the experiences for China's plant variety rights protection, in order to provide reference for the protection of plant variety rights in China. (3) the plant variety rights protection status in China. At the basis of studying the changes of plant variety rights system and its operating performance, We make an empirical analysis of the status of Plant Variety Protection in China by using current data, to reveal problems and have a clear understanding of plant variety rights protection in China.(4) plant variety rights protection strategies. Mainly from four aspects which contain innovation strategy, Legal protection strategy, management strategy and technology strategy to analyze plant variety rights protection strategies, in order to improve the system of plant variety protection and its effective implementation in China, to strengthen our effective protection of plant variety rights.