Research On Legal Protection Model For The Right Of New Varieties Of Plants

New Varieties of Plants is a new type of intellectual property objects, It is varieties of plants which is artificially cultivated or wild plants which is found to be developed, with the novelty, distinctness, uniformity and stability. The Right of New Varieties of Plants is the creation of rights on New Varieties of Plants.New varieties of plants and The Right of New Varieties of Plants are two closely related but must be strictly parted Concept. New varieties of plants is the object of The Right of New Varieties of Plants, but The Right of New Varieties of Plants have broad sense and narrow sense. The narrow sense is created by specialized law, but the broad sense is generalization of all those protective tights. New varieties of plants is the results which obtained through intellectual labor, of course,the breeders could enjoy their "natural" rights, However, breeders should make sacrifices for the public welfare, so, there are many limitation as "Rational use" that settled by law to balance the interests of society. To achieve the purpose of the comprehensive protection for new varieties of plants, the paper should research the Legal Protection model for The Right of New Varieties of Plants from both legislation and judicial, based on the definition of the Rights, Compared some typical protected modes in developed countries, then proposed a new mode that special mode coexist with patent mode with object restrictions for creation of The Right of The New Varieties of Plants. Departure from the types of typical cases in the judicial practice, research on specific rules for Judicial protection and related hotspots including tort constitution, The form of tort liability and the origin of preventing tort responsibility, then conducted the Judicial protection model that "Mistakes" was not the constitute elements for Tort, but for Damages Compensation. Damages Compensation is a typical form of Tort liability, but not the only one. Different situations should select different form so that achieve a reasonable goal of protection for New varieties of plants.