Case Study On Infringement Of New Plant Variety Rights In China(2017-2019)

In the context of the continuous development of biotechnology,the development and utilization of genetic resources as a basis resource are increasing day by day.New plant varieties are based on genetic resources and the result of resource development using biotechnology.At present,China has become the country with the most applications and authorizations for new plant varieties in the world.The reason why the law protects the right to new plant varieties is because plant growth is susceptible to natural factors and has the characteristics of self-reproduction,and secondly,because breeders have invested a lot of effort in breeding new varieties.The great economic value of the new plant variety right makes it the object of infringement,and the number of cases of infringement of the new plant variety right is increasing.Due to the concealed,seasonal and cross-regional characteristics of the infringement of new plant varieties,the rights protection of variety rights owners is facing great challenges.In order to maintain the normal order of the seed market and protect the legal rights of the variety rights holder and the licensor of variety rights implementation,this article applies a case study method,and specifically studies the cases of infringement of new plant variety rights in the past three years.This article has collected and consolidated 70 effective verdicts of infringement of new plant variety rights from 2017 to 2019,and classified the cases from the perspective of the type of tort,the geographical distribution of the case,the type of plaintiff,and the focus of the case dispute.Studies have shown that the cases of infringement of new plant variety rights are characterized by the fact that the infringed persons are mostly licensors of variety right implementation,the method of obtaining evidence through litigation is notarization,and the number of asexual reproduction crops in the classification of varieties involved is low.The case reflects three problems: first,most of the infringements that infringe on the new plant variety rights occur during the process of implementing the new plant variety rights;second,the flaws in notarization and evidence directly affect the determination of the infringement;For this reason,the author believes that it is necessary to improve the legal system for the implementation of new plant variety rights and permits,improve the notarization and evidence collection system for new plant variety rights,and strengthen the protection of vegetative variety varieties rights.