The Research On International Legal Mechanism Of Plant Varieties Innovation

In the context of global integration, with the plant breeding technology and the rapid development of plant products market continues to expand, the economic value of plant genetic resources is becoming increasingly prominent, and the plant breeding techniques has become an integral part of the content of the legal system. However, developing countries have gone into an embarrassing situation called"double passive, worse," in plant genetic resources conservation and protection of new plant varieties.Not only their plant genetic resources have been developed deliberately to "steal", and cultivating plant products are sold back to grab huge profits.But also due to the lack of financial support they cannot establish a sound new plant varieties protection system for independent innovation research and development. To solve the problem, on the basis of the comprehensive evaluation of relevant international and national legislation of the protection model, the author proposes to improve the concept of "plant varieties innovative international legal mechanism" to ensure that in the 21st century, countries, especially developing countries, could share the benefits of their respective advantages, and improve plant breeding techniques .Firstly, this thesis intoduces the concept "plant varieties innovative international legal mechanism" ,and explains the meaning, characteristics and significance of plant genetic resources conversation and protection of new plant varieties. Moreover,the author points out the significance of "plant varieties innovative international legal mechanism" by the "Monsanto case" . Secondly, respectively, it makes an induction on international treaties and the protection of the typical models referring to plant genetic resources conservation and protection of new plant varieties, then makes horizontal comparison and comprehensive evaluation about them. Thirdly,it studies deeply the mode of construction of" plant varieties innovative international legal mechanisms," mainly on the conflict and coordination between the international treaties of plant genetic resources conservation and protection of new plant varieties .And what's more is the convergence proposals on the application of the "Benefit-sharing principle" of plant genetic resources and the "two protection" under the WTO framework. This chapter is on the top priority. Finally, returnning to our own plant varieties innovative legal mechanism construction, in view of current issues requiring urgent solution, the auhor puts forward ideas and systems.In this thesis, the author has made the integrated use of comparison, empirical research methods, interest analysis, combined with case studies and charts display, to carry on the research on multi-level, from three-dimensional,and in deep study .Then he presents three specific ideas : First,grant the Right on Plant Genetic Resources to plant genetic resources, that means intellectual property rights protection.Second, on this basis, set the "technology permits the implementation of" mandatory provisions in the "legislative mechanism" provided for benefit-sharing system ,in order to introduce the foreign advanced breeding techniques. Third, establish a system "cross-compulsory licensing" among the Right on Plant Genetic Resources ,the Right on New Plant Varisties and the Right on Patent ,to improve the ability of independent innovation in developing countries. Through the above, each country can make the maximum development and utilization of plant genetic resources, and improve the breeding technology.China has not established the plant varieties innovative legal mechanism, there are also many urgent needs to solve practical problems in the aspects of plant genetic resources conservation and protection of new plant varieties. In this thesis, against the inadequate aspects of China's legal system ,on the basis of the international legal mechanism of plant varieties innovation , based on the reference to international legislation and the successful experience of many countries, particularly Brazil, India, the EU model, combined with China's specific national conditions, the author puts forward specific proposals on China's construction on the plant varieties innovative legal mechanism .