On The Rule Perfection Of The Reserving Seeds Rights Of Farmers Under Expansion Of The New Plant Variety Rights Of China

In the background of the expansion of new plant variety rights, China hasbecome the world’s second largest seed market, and international seed companiesrepresented by seed companies in developed countries occupy Chinese seedmarket.Although China has included the seed industry development plan in theagenda,they ignore the protection for interests of farmers as the seed use main bodywhich also helps the safety of our seed market.Under the trend of expansion of new plant variety rights, the empirical studies ofrule perfection of the reserving seeds rights of farmers need the theory support.Fromthe theoretical basis of new plant varieties protection system and the concept offarmers’rights and reserving seeds rights of farmers,we should combine with China’snational conditions to clear reasons for establishing and legislation ideas of perfectingrules of the reserving seeds rights.We should understand the requirements of theinternational community from the international conventions (UPOV Convention,CBD Convention, ITPGRFA Convention),and compare their focus from the mainprovisions of both developed country——American and developingcountry——India,at last give the rule perfection of reserving seeds rights of farmersin revelation.Clear specific proposals for reserving seeds rights of farmers by learningother countries’ Cases and combining our main national and some local regulations.Aim at the trend of expansion of new plant variety rights, the paper proposespreliminary design of the rule perfection of reserving seeds rights of farmers,andmainly includes legislative requirements and protection mechanisms.Legislativerequirements include:firstly, the main body of protection of the reserving seeds rightsrefers to “make a business of agricultural or forestry planting”and does not requirefarmers planting is the main economic income,and combined acreage to establishroyalties in practice;secondly, seed behavior including but not limited to conservationreuse, seeding for personal use, exchange or gift, non-commercial sales and so on, andgeneration for reproduction should not be left to explore the scope;thirdly, thesubjective factors should be considered in the farmers’seed infringement,andinadvertently infringement cases should be made a concrete analysis.Protectionmechanisms include:firstly, the infringement cases of variety rights include administrative and judicial handling modes, and the paper thinks the jurisdiction ofthe administrative mode can be decentralized;secondly, we can select therepresentatives like farmers or agricultural experts participate in the reserving seedsrights work related to farmers’interests;thirdly,the office-holders must be cautiouswith some problems such as calculation method and calculation amount aboutfarmers’liability in specific cases.In the background of the expansion of new plantvariety rights, the construction of the rules of reserving seeds rights of farmers hassome theoretical and practical significance.