Research On The Legal Protection Of Forest New Plant Variety Right

From the eighteenth National Congress of Chinese Communist Party, technological innovation was put in core position of national development. The country may put more emphasis on actualize strategy for intellectual property right. Forest new plant variety right is a component of intellectual property right, it is extension of new plant variety and the key component of forest intellectual property right, the perfection of it is both a improvement of legal protection system of forest new plant variety right and a guarantee of forest industry security. Legal protection of forest new plant variety right needs to balance the oblige’s right and farmers’ profit, we need to encourage innovation and must to prevent monopoly, we advocate planting new plant but can’t overlook the protection of genetic resources. This is a truly complex and arduous task to our country which has only applied 20 years in protection of new plant variety. This study focuses on four aspects to research the legislation protection of forest new plant variety right:Firstly, mainly introduces the essential conception of this thesis involved, Distinguish the relationship between new plant variety right, genetic resources of forest plant and forest new plant variety right; Secondly, introduces the status on protection of forest new plant variety right in our country by arranging some documents and academic achievements, finding out the existing problems and analyzing the causes from data statistics and Chart analysis; Thirdly, explains the considerable success of some international organization convention and foreign developed legislation on the protection of new plant variety, we need to explore ways and means of solving the question which existing our forest new plant right; Finally, mainly introduces the solution and improve measures of these problems, We should enact "Plants Varieties Protection Law of the People’s Republic of China" according to the conditions of our country and improve forest new plant variety right system by a variety of law protection manners.