The New Plant Variety Rights Infringement Judgment Standards

The new plant variety right is a new kind of intelleetual property right. Since the implementation of new plant variety protection system, especially since 2001, the number of infringement cases of new plant varieties increased dramatically, showing a rising trend. Because of the protection of new plant varieties started relatively late, it is still on the case of such a new tort cases, and it is difficult to judge such highly specialized cases. The article take the first infringement case of new plant varieties in Shandong for example, combined with analysis, summing up the focus of the case which will be discussed in more detail at a later stage.The main article consists of five parts.Part one: the introduction of case. catching the focus of the case after a brief presentation, which is the main controversial problems of the article.Part two: the basic theoretical issues of plant variety rights. Through the comparation of plant variety concept in biology, the article describes in detail the legal implications of new plant varieties, and on this basis , defines the concept of new plant varieties, described characteristics of the new plant variety right.The second part of the article describes the infringement elements of new plant varieties in four areas, and demonstrates it in depth with patent-related knowledge and biological genetics to. The article discusses the conditions of new plant varieties and the protection scope of new plant varieties, analyzes the type of infringement, explaines the the meaning of the subjective element of infringement elements, discusses the principle to compare the protection scope of varieties infringing and authorized . Then , the article discusses the application of species identification in judging.The fourth part describes some exemptions of the infringement, focusing on the personal use of farmers,research activities and compulsory licensing. Exemptions are additions to infringement theory.The fifth part mainly analyzes the case the article mentioned, on the base of theoretical arguments in above detailed of with to clarify how to use theory to solve practical problems.