Conflict And Balance Between New Plant Variety Rights And Public Interest

High-quality new plant varieties can improve agricultural production capacity and reduce environmental pressure,thereby promoting economic development and social stability.The protection of the right to plant new varieties is not only a protection of civil rights,but also a powerful means of stimulating people's investment and research and development.However,excessive protection of new plant variety rights may hinder the transformation and application of new plant varieties,and may even affect the interests of the majority of farmers,national food strategy security and other public interests.Therefore,when the new plant variety rights conflict with the public interest,how to balance the relationship between them is crucial.However,China's protection of new plant varieties started late.The Regulations on the Protection of New Varieties of Plants is the main law for the protection of new plant variety rights.The legislative level is low and the authority is insufficient.Some regulations need to be improved.There are still some controversies when applying the law and related laws to resolve actual cases.Through the case analysis method,we analyze the balance between the new plant variety rights and the public interest conflicts in our country,and combine the case of the guiding case No.86 with the legal basic knowledge,from the results of the different judgments of the first and second trials and the judge's referee points.It sums up the theoretical disputes of this case and makes comprehensive considerations from the three perspectives of substantive law,procedural law and theoretical law.First of all,through the study of the compulsory licensing system for new plant variety rights,it is pointed out that the three obstacles that may be faced in the application of the compulsory licensing system for new plant varieties in this case.Secondly,by discussing the principle of disciplinary action and its applicable restrictions,it is pointed out that the second-instance judge in this case has the suspicion of trying to evade the principle of punishment.Finally,starting from the public interest involved in the compulsory licensing system and the principle of restrictions on the application of disciplinary action,by looking for the connotation of public interest,the relationship between public interest and personal interest,and the measurement of interests,it is found that the right to protect new plant varieties cannot be obtained from the jurisprudence of the case.Conclusions that would harm the public interest,and even if the public interest is harmed,it is not necessarily to protect the public interest by restricting personal interests,and it is still necessary to prevent public rights from excessively interfering with private rights.Through the above three arguments,it points out that the judgment of the second instance court and its rationale need to be improved.