Study On The Protection Of New Plant Varieties In China

As a large agriculture country,China ranks by the front in the world in terms of agriculture planting scale.Therefore,China has a large demand for seed and a large market for seed industry.Agriculture has been playing an important role in China's economic development.However,due to the late development of seed industry in China,the overall strength of China's seed enterprises is far behind that of western developed countries.With the economic competition among countries,intellectual property rights play a significant role in maintaining the development of the China's economy.In the field of agriculture,the rights of new varieties had become a new battlefield of competition among countries in agriculture industry.Therefore,how to improve the protection system of new plant varieties in China,promote the development of China's seed industry,improve the competitiveness of China's seed industry,which were that China should focus on the subject of research.Based on the big data platform of seed industry,this study collected and sorted out the application and authorization data of new plant varieties in China from 1999 to 2019,And we analyzed the application and authorization of new plant varieties from different angles,such as crop types,application subjects and various,and concluded that the type of new plant varieties in China was single;the development of regions was unbalanced;the awareness of intellectual property protection needed to be improved;and infringement There are some conclusions such as the occurrence of the event.This study summarized the achievements made since the implementation of the new plant varieties protection system in China and the existing problems in the protection of new plant varieties,so as to provide policy suggestions for the protection of new plant varieties in China.As a member of UPOV,China has acceded to the 1978 version of UPOV convention.Therefore,this study analyzed the UPOV protection system based on the UPOV convention,and compared the1991 version with the 1978 version of the UPOV convention,so as to provide the basis for China's accession to the 1991 text.In addition,the United States adopted the United States Patent Law,which was a new plant variety protection law and patent law to protect new plant varieties,and the protection level was high.As loping country,India's new plant variety protection system had the characteristics of developing countries,focusing on the protection of farmers' rights.It is hoped that China could learn from it and promote the improvement of new plant variety protection system in China.According to the existing problems in the protection of new plant varieties in China,this study puts forward policy suggestions on the protection of new plant varieties in China from seven aspects: variety testing and authorization,accession to the 1991 text of UPOV convention,strengthening the law enforcement of new variety protection,improving the protection awareness of breeders,promoting the trade of variety rights,optimizing the structure of new plant varieties,encouraging the transformation and promotion of achievements.