Research On The Legal Issues Of Farmers’ Rights In The Protection Of New Plant Varirties In China

In order to protect the rights of breeders and encourage breeders to improve their technology,China has joined the International Convention for the Protection of New Varieties of Plants(1978 Text),and then China has formulated a series of laws and regulations related to the rights of new varieties of plants in accordance with the International Convention on New Varieties of Plants,forming a relatively complete,wide-ranging and strong protection system for new varieties of plants.After the promulgation of the Fourth Revised Seed Law in March 2022,China once again strengthened the scope of protection for new plant varieties and severely cracked down on violations of the rights of new varieties.Because of the rapid development of breeding technologies such as transgenic technology,the loss of plant genetic resources in China is serious,and the international community has long put forward the concept of protecting biodiversity and protecting agricultural plant genetic resources in response to this problem,developed farmers’ rights,and established the Convention on Biological Diversity and the International Convention on Agricultural Plant Genetic Resources for countries as a reference.However,as of now,China has not acceded to the above-mentioned international conventions,and the issue of farmers’ rights has not been explicitly raised in the legal provisions on variety rights.Although a system of compulsory licensing and fair use is provided,it does not fully reflect the principles and purposes established by the Convention on farmers’ rights.Moreover,although some of the contents of Farmers’ Rights are covered in China’s Regulations on the Protection of New Plant Varieties and the Seed Law,the concept of farmers’ rights is still blank.In this regard,this paper collects,identifies,and sorts out academic materials on peasant rights,and conducts research to obtain information related to research,so as to form a scientific,systematic,and accurate understanding,and to form a systematic thinking on the problems and solutions encountered by peasant rights.Through the comparative study of the legislation and practice of farmers’ rights in the United States,India and South Africa,enlightenment was obtained from them,and the improvement of farmers’ rights in the protection of new plant varieties in China was discussed in combination with the current situation of domestic legislation in China’national conditions.The empirical analysis method is also used to enrich the demonstration of the practical problems encountered in peasant rights by selecting classic cases of infringement of peasant rights,and to explore specific ways to improve peasant rights.Based on the unfavorable situation of the multi-faceted research on farmers’ rights in the protection of new plant varieties in China and the gap between farmers’ rights,this paper attempts to clarify that farmers’ rights in variety rights have the dual attributes of intellectual property rights and human rights,points out the single main type of farmers’ rights stipulated by the current law,over-protects the rights of breeding companies and ignores the objective problems of farmers’ rights,and tries to make farmers be compensated for the discovery of germplasm resources and the contribution of breeding.Moreover,this paper proposes to join the International Convention on the Protection of Agricultural Plant Genetic Resources,which is suitable for the development of farmers’ rights,and to add a disclosure system for plant genetic resources accordingly,and finally,to establish a tort liability investigation system to make farmers’ rights effective.Specific paths include:disclosing the origin of genetic resources or submitting certificates of origin,establishing a national pool of plant genetic resources,establishing a national genetic fund,and granting farmers the right to civil remedies.