Judicial Case Study On Infringement Of New Plant Varieties In China

New plant variety right is an important intellectual property right.Legislative protection is not only related to the development of agriculture and forestry industry and the construction of ecological civilization,but also closely related to national food security.Potential is of great economic value of rights to new plant varieties,application and grant is to measure a country’s development in new varieties of plants,the important factors along with the development of social economy and biological technology,our country has to catch up with the eu in the first place,but the corresponding infringement cases increased year by year,new plant varieties protection of new plant varieties,To make it inviolable is an important issue in legislation and judicial practice.Due to its intangible,regional and proprietary characteristics,the infringement cases of new plant variety rights are distinguished from the infringement cases of common intellectual property rights,and the owners of new plant variety rights face the dilemma of safeguarding their rights in reality.Therefore,in order to protect the legitimate rights and interests of relevant right holders,a legal and orderly market environment must be established.From the legislative point of view,the loopholes in the existing laws and regulations should be timely perfected.This paper attempts to collect the cases of infringement of new plant variety rights in the past four years by case study,and deeply study the typical problems of infringement of new plant varieties in recent years.In recent years,the number of cases involving violation of rights to new plant varieties increase year by year,this article selects the 58 typical cases,the time span of 2018 and 2021,from the case area,involving varieties,the infringement type,the focus of dispute different angles,such as classifying collection of case studies,found that the infringement of rights to new plant varieties mainly has the following problems: First,the behavior of infringing on breed name is complicated.Second,there are differences in judgment standards in lawsuits of infringement of new plant variety rights.Thirdly,illegal reproduction is becoming more and more serious in quantity and concealment.To solve these problems,we can improve the legal system of variety name protection of new plant variety rights.Unified judgment standard in infringement lawsuit of variety right;Clear the legal limit of illegal reproduction and other measures to improve or solve.