Research On Legal Protection Of New Varieties Of Plants

The protection of new varieties of plants in China started late in legal practice,and the basic theory research is still weak.At present,the protection of new varieties of plants still relies on Regulation of the People's Republic of China on Protection of New Varieties of Plants which was proposed since 1997,however,it cannot meet the demands of current market and ensure the interests of breeding right.The relevant theoretical researches lack of systematic research results,and most of them are based on small perspective as well as not form the mainstream view in the academia.In this case,it is necessary to discuss the legal protection of new varieties of plants.This paper analyses the relationship between supply and demand theory,transaction cost theory and institutional change theory in law and economics.We cannot only see the importance of legal protection of new varieties of plants,but also provide ideas and direction for problem solving.Because of the shortage of legislative experience on the protection of new varieties of plants and restriction of the traditional theory of patent law,resulting in various problems in China's current legal protection of new varieties of plants,mainly concentrated in the low rank of law effect,earlier issued time,vague content,etc.Faced with these problems,on the one hand,we should review the domestic weakness,on the other hand,we should have motivation to learn advanced practice from other countries.Through the understanding and comparison of the International Convention on the protection of new varieties of plants and the mature practices of the major countries in the world,we can learn from the successful experience.According to the actual situation of our country,in order to protect the interests of the country and the principle of balance of interests,we can improve the current legal protection of new varieties of plants from four aspects.In the terms of perfection law system,it can be focused on the introduction of "new plant variety protection law",the scope of protection and variety rights protection period extension of new varieties of plants,meanwhile,we should contribute to reconcile the conflicting provisions between different laws and regulations;in the terms of legal protection mode,we can break the limitation of traditional patent theory,construct the dual protection modes of patent method of new plant varieties and special law;improve the relevant supporting program,simplify the application procedure of new varieties of plants and set up a national security department of new varieties of plants,no longer distinguish agricultural and forestry section,and strengthen law enforcement of laws and regulations of the content;finally,we should enhance the international cooperation,on the condition of maintaining Chinese characteristics,considering the condition of our country and combining international legal protection of new varieties of plants.