On The Research Of New Plant Variety Protection

The New Plant Variety right is one kind of exclusive ownership granted to new plant variety owner by the New Plant Variety Protection, Examination and Approval Authority according to the stipulation of law and regulations. International Community increasingly concerns the New Plant Variety right, a new kind of Intellectual Property right .It is important for China, a big country majoring in agriculture and having a huge population, to strengthen the protection of intellectual property right of new plant varieties. Starting from the introduction of new plant varieties, this article discuss the conception of New Plant Variety right and basing on this ,maps out the intellectual property legal features of the New Plant Variety right. In combination with the international protection state of New Plant Varieties, this article describes the legislative condition the formation of basic right and the methods of protection, to explore the existing problems of New Plant Variety protection and the perfection direction.The main article is divided into five parts:Part one: the basic theory on New Plant Varieties protection .On one hand, by describing the necessities of intellectual property of New Plant Varieties, this section discuss the conception and the legal features of New Plant Varieties and by comparison with common Intellectual Property right, it also analyses that the New Plant variety right is a new and independent intellectual property right .On the other hand, through the explanation of the origin, development and present state of the New Plant Variety right protection system, it clarifies the present state of International New Plant Va riety right protection system and its development trend.Part two mainly introduces the basic contents of New Plant Variety right protection system in America ,Britain and Japan .clarifying the present protection state of New Plant Variety right all over the world . Beginning with the main trend of the establishment and development of international New Plant Variety protection system, this section introduces the legislative set-up of New Plant Variety right protection. Then it details in the obtaining essentials and the basic right formation of New Plant Variety right .First in different countries .Part three describes the New Plant Variety right in our country . What kind of right does the people have ,and what kind of limity do exists .Besides ,our way to protect the New Plant Variety right.Part four describes how to perfect our New Plant Variety right protection system through legal authority . The main part of Interrelltal Property Right is how to assure people to use there rights , and punish the illegal behavies ,there is no exception in the New Plant Variety system .So this part is a basic to find out ways to deal with the problem.Part five discuss ways to improve our New Plant Variety system .First started from people's concern about legal system . Besides , consider to rise the New Plant Variety system in to legal system .Make use of those good experiences from abroad , in order to prove our New Plant Variety system .