Research On Legal Institution Of Protection Of New Varieties Of Plant

The protection of new varieties of plant is a new area in the intellectual property law. There are two protection patterns in the world: one is to regulate by special law, represented by Europeans; the other is double protection pattern, represented by USA. As well, in order to balance the protection of new varieties of plant protection among the intonations, UPOV was found. TRIPS also ask the members to give legal protection to Protection of new varieties of plant.Our Patent Law and Patent Examination Guideline regulate clearly that protection of new varieties of plant should not be awarded patent rights. While,《Regulations on Protection of New Varieties of Plants》can offer protection to protection of new varieties of plant, which began the special law protection pattern."Three rural issues" is always the emphasis in china. With the development of biological science, it's protection system lags behind and can not adapted to the present situation. The essay points out that the farmers should be entitled "Farm's privilege", the system of profit distribution between the Genetic Resource Owners and the breeder should be improved, and breeder should be immunized, to maintain the nation's corn safety and the nation's profits, and to better the proficiency of the protection of new varieties of plant. Thus, such a special protection pattern can guarantee its protection, meeting with UPOV even over it. But now, it is not suitable to open patent protection. We can achieve it step by step, by the legal praises.