The Research On Infringements Of Plant Variety Rights In China

The Protection of plants varieties right is to accelerate the research and innovation,effective protection of the legitimate rights and interests of plant breeders to promote therapid adoption of new varieties of plants important institutional arrangements. Asagricultural science and technology and the development of biotechnology, new varieties ofagricultural plant competitiveness of national agriculture plays an increasingly importantrole. As the variety rights protection in China is still in the initial stage, the relevantsupporting systems and measures are not perfect, China’s plant variety right violations haveoccurred, plant variety right violations is increasingly becoming an important research areaof intellectual property. The exploration about infringement problems of plant varietyrights,to further improve the system of plant variety protection, to contain the occurrence ofplant variety rights violations, to promote research and development of new plant varietiesto cultivate innovation, technological progress and thus speed up the seed industry,agriculture science, technology, to ensure that our sustainable agricultural development andprotection of national agricultural economic security has important theoretical and practicalsignificance.The article used the infringement of plant variety rights as the perspective, adoptedintegrally the theory and methods of agriculture, law, economics and the main tools of acomparative study of law, mathematical statistics, and case study analysis. It carries out asystematic study on the progress of the protection system of plant varieties and status ofplant variety rights violations. The main contents and conclusions of the study are organizedas follow:(1)This study mainly used the data of plants varieties released in1999—2010inchina(Plant Variety Protection Office of Ministry of Agriculture)to describe the status of theProtection of Plant Varieties.it found that the current protection of plant varieties showing thecharacteristics on five areas, such as the scope of the protection of plant varieties has extended,the applications and the authorizations of plant varieties significant have increased, in varietyof applications and authorization to the main field crops, field crop has been the main body ofthe applications and the granting of the plant varieties rights. And scientific research units and enterprises have been the main applications for variety rights, and the number of applicationshas significant differences in different areas.(2)This study synthetically analyzed survey data, summarize the distinctive feature of theinfringement of plant variety rights. For example, the infringement of plant variety cases hada rising trend; the forms of infringement was diversified; the scope of litigants was wider;involving seed companies, research institutions and individuals; multiple factors impact thechoice of the safeguard means of the legal rights.(3)At present our country variety rights violations frequently occur. It mainly dues to thevariety right protection system, legal system, law enforcement work and other reasons. Weshould improve our plant variety right protection system, construct plant variety legal systemand strengthen the protection of variety rights consciousness, enhance the concept of thevariety rights safeguard. Multi-pronged approach used to strengthen and improve the rights ofplant variety rights and try our best to do a good job.