Study On The Protection System Of Essentially Derived Variety

The protection all the countries in the world at present, deriving a breed to the substantiality all is in the exploration and starting phase, Europe and America among them wait the plant breeding has been comparatively more mature than the protection way that the developed country adopts, they have initiated relatively mature "the international new plant breed protects convention " (call UPOV convention down) protection pattern, that the developing country protects consciousness has been comparatively weak but, our country has derived breed protection system at present with regard to not building a substantiality. Our country accession to UPOV 1978 text in 1999, but the text does not explicitly provide for the protection of essentially derived varieties.The revised UPOV 1991 convention is the world’s first Convention on nature protection system derived varieties.According to the provisions of the Convention UPOV 1991,That the substantiality derives breed protection system is one system aiming at balancing the primitive breed people and deriving benefit, protection and primitive excitation breeding obligee between breed person.But at present China has not joined UPOV1991 text.Along with the development of transgenic technology and breeding technology,Protection of essentially derived variety has more and more attracted worldwide attention and the attention of the world.In our country,Both the 2012 Central Document No. eighteen or the party emphasized the science and technology innovation and the three rural issues is the priority among priorities, and strategic support to improve the social productive forces and overall national strength, and must be placed in the core of the country’s overall development.Therefore, the author embarks from our country national condition,by the method of theoretical research,through the analysis of essentially derived variety,the essence of the derived variety protection system,intellectual property protection mode of foreign plant species,and the necessity, feasibility and obstacle factors to implement the essence of variety protection system derived in China,thinking that the opportunity that our country ascertains that the substantiality derives breed protection system is already mature,at the same time,from the perspective of intellectual property protection on how to implement the EDV protection system in China put forward constructive measures and suggestions.