Comparative Research Of Plant Variety Property Protection Of Different Breeding Units

In this paper, three units (Shandong Agricultural University, Shandong Academy of Agricultural Science and Shandong Denghai Seed Corporation) which are all good at works related to variety rights on behalf of three different organizations (high agricultural colleges, research institutes and enterprises), respectively. We have summarized these good experiences and found out their favorable emphases on protecting the right of variety in these units. Using of analyzing and comparing on development, application and protection of new variety. And then, we have put forward a proposal how to protect the right of new variety of the plant in different kinds of units. The results are listed as follow:1.The analyses showed that the organization of breeding were tend to multiplicity since the system of rewarding innovation have been introduced in breeding field, which inspired greatly enthusiasm of investment on breeding project. High agricultural colleges, research institutes and enterprises are major institution for application of new variety rights. The protected system for new variety rights play on important roles in accelerated procedure of breeding innovation and develop modern agriculture, as well as improved key competence of Chinese seed industry and agriculture.2. We recognized that almost of breeding units which are attach importance to protection, set up the specific office and constitute ordinance on the new variety rights. There are significantly different notions between institution (high agricultural colleges and research institutes) and enterprises on the protection of new variety rights. The main reason is different mechanism of capital financing, as we know that the primary finances for breeding of high agricultural colleges and research institutes was provided by the nation or local government, obtaining the new varieties was considered to accomplish the project regardless of aftereffect. These institutes are no concern of seriously discrepancy among the management, the breeding and sales. The aim of application for protection is just to achieve tasks and gain more financing. In the breeding incorporation, it pays more attention on the markets and economic benefit. The period of validity for variety rights protection is depended on the influence of the markets. High agricultural colleges are only concern on the number of authorized variety, and the area of popularize without any stress from market or management. The number of variety rights application and public welfare in these units become more and more than economic rewarding. Ultimately, the product and sale of new variety was seriously discrepancy. Agricultural research institutes have more energy to embark upon innovation and reproduction of authority assigned in accordance with the recipient of the implementation of the right, through the new breed of commercial.3. The results of the improved mechanism of protection of variety rights on innovation breeding show that new plant variety rights can ensure the breeding units and the breeder's benefit, enhance the enthusiasm of the researchers, and accelerate the production of renewal varieties and the protection of new variety is the precondition for variety bargaining and assessed value of production. The number of application for new variety has been more and more than before and changed from commonweal to autonomous intellectual property. However, there are exist significantly difference on accelerating procedure between different breeding units, that is the trend of breeding innovation protection of new variety are more advanced from high agricultural colleges to research institutes, and to enterprises.4. The cases analysis showed that some questions were extensively occurred, such as the difficulty for Migrant right, few compensate and low transform. Meanwhile, the extent of degree was significant among different types units. Specifically, high colleges may pay more attentions on the production and authorized variety than the new variety rights and protection. However, as the professional breeding research organization, the research institutes have not brought into play its predominance for singleness type of application for protection. As the scientific and technical innovation incorporation, breeding enterprise should pay more attention to consummate the variety protection system, including establishing information systems, train the persons with ability and founding the well-known enterprise brand etc. In addition, the enterprises can enhance the cooperation with teaching university and research institute.5. Research institute, breeding enterprise and high agricultural college are the main forces in the breeding industry. How to better assort with relationships among the teaching university, research institute and breeding enterprise, and maximize the utilization of breeding resource is a serious question in China. At the first, high agricultural college should change the notions from paying more attentions on the production to the new variety rights, should set up specific system of assess and inspire positivity of breeders, and then enhance the transfer of variety rights and make good use of the protection. Secondly, the research institute should organize application for new variety rights, should enhance degree of transfer and develop new variety by means of autonomic production, sale and transfer etc. And then, they would max rewarding from market. Thirdly, how to utilize commendably the platform of new variety protection is critical for the scientific and technical innovation incorporation, breeding enterprise. It is importance questions that gain more economic rewarding involved survival. In summary, we should pay more attention to requirement for variety, should utilize adequately the developed varieties by high agricultural college and the research institute, which could avoid repetition similarity variety and achieve maximum benefit from new varieties.