A Case Analyse About The Dispute Caused By The Xinqiang Company Accusing The Chuangfu Company Of Infringing The New Plants Varieties Owning Right Law

The purpose of justice is better to resolve the social contradictions, in judicial practice, specific to each type of case, the operation will have some special place. Infringement cases of new plant varieties in intellectual property cases in China as a type of judicial practice raised some new questions. With the new plant varieties and infringement cases in the courts by the higher proportion of cases, how to solve these problems in order to better protect the rights of the legitimate interests of the variety rights has become an important task. Through a new plant variety infringement cases analysis, summarized in infringement cases of new varieties of plants exist in a range of issues and made recommendations to shut, and hope to start legislation to strengthen judicial protection of new plant varieties protection.Remove the introduction and conclusion, the paper is divided into three parts:Partâ… :Introduction-related case. This part of the main cause of action, the case profile, controversial cases, the focus of the parties and the court described in detail the results.Partâ…¡:Analysis of the case and a brief summary of problems. This part of the infringement cases of new plant varieties in the premise of Infringement, Infringement methods and explore ways of protection of new varieties of plants and the lack of concrete action lawyers should pay attention to the problem were introduced, and made the corresponding Analysis.Partâ…¢:Judicial Protection of the recommendations of relevant cases. In this part, the legislative proposals on the legislation should be made clear that the problems cited. Such as determining eligibility of the parties, infringement of the provisions of forensic methods, tort. determining the amount of compensation put forward their own proposals.