The Legal Analysis Of Tort Of New Varieties Of Plants The Analysis Of A Case

Since China established new plant species protection system in 1997 and Join the international union of conservation of new varieties of plants in 1999,application of new varieties of plants has been increasing.Lots of new varieties of plants provides a powerful intellect support for our socialist new rural construction and agricultural development.However, with the development of new varieties of plants gradually enhanced role in economic development, the tort of new varieties of plants are growing, then there is more and more protection act of new plant species.lt is important to define the subject who violate the new plant species, the tort and the tort liability. According to the author's ideas to build this paper structure and finishing this content.The article first describes the case and the court's decision. Found that there are legal issues in this case need to explorate and analyse through the introduction of the simple cases. Secondly, By explain the relevant laws,according to the basic fact of this case and using law theory of the tort of intellectual property rights and new varieties of plants in both here and abroad, We can analyze the infringer and the infringed's legal status and the key component of the tort. We can distinguish different tort based on the infringer's subjective fault. Finally, this article will explore the infringer's legal responsibility and the relationship of several responsibilities.To analysis the tort of new varieties of plants, The purpose is to define the rights and obligations of the Variety Righters and the agricultural workers and the general public in practice. On the one hand, to delimit the reasonable scope of right protection for the Variety Righters, on the other hand, to to delimit the scale of agricultural science and technology for the agricultural workers and the general public.As a large agricultural nation,It is a very important measure to strengthen protection of new plant species to realize rural Development, agricultural growth and increase farmers'income. At the same time, It must be take note of both the actively promoting agricultural technology extension and protecting the agricultural workers' the related legitimate interests. So with intellectual property is more and more important in the economic society, It is crucial to research new plant species and the tort of new plant species.