Study On The Legislative Protection Of The Right To New Plant Varieties

As a landmark and leading project of modern agricultural development,seed industry is an important part of agriculture and plays a vital role in the process of agricultural modernization.The research,cultivation and promotion of new plant varieties are the core of seed industry development.With the continuous development of China’s economy and the improvement of the degree of marketization,the infringement of the right to new plant varieties is also increasing,causing great damage to the rights and interests of the obligee.In order to solve this problem,this paper adopts different perspectives such as sociology of law and comparative law,and comprehensively uses various research methods such as normative research method,historical analysis method,comparative research method,etc.,to carry out indepth discussion on the legislation of the protection of the right to new plant varieties,and provide reference and suggestions for the formulation of the Law on the Protection of New Plant Varieties in China.First of all,the author explains the concepts of varieties and new plant varieties respectively from the basic theory of the right to new plant varieties.On this basis,the concept attributes and characteristics of the right to new plant varieties,the concept and characteristics of farmers’ privileges,the concept of novelty,and the concept of the right to temporary protection of new plant varieties are analyzed.It also summarizes the relevant basic theories of the protection of new plant species rights,including Locke’s labor property theory and Hegel’s property theory.Secondly,the status quo of the legislative protection of the right to new plant varieties in China was reviewed by consulting legal provisions and relevant papers,and specific discussions were carried out on farmers’ privileges,novelty judgment,and the right to request temporary protection of new plant varieties.Thirdly,it discusses the enlightenment of the legislation of Japan and India on the protection of new plant variety rights in China.Finally,the necessity and feasibility of formulating the Law on the Protection of New Plant Varieties in China were demonstrated.The formulation of the Law on the Protection of New Plant Varieties is the need to ensure the safety of China’s seed industry,to integrate the existing legislative norms for the protection of new plant species rights,to prevent and combat the infringement of new plant species rights,and to implement the Civil Code.China has a good legislative basis for the protection of new plant species rights,and has rich judicial practice experience in the protection of new plant species rights.At the same time,the international community has mature experience in the protection of new plant species rights for reference.Therefore,the formulation of the New Plant Varieties Protection Law is a necessary and feasible legislative measure to improve the level of protection of new plant species rights in China.The enactment of the Law on the Protection of New Plant Varieties should determine the legislative purpose of protecting the right of new plant varieties,encouraging the cultivation and use of new plant varieties,and promoting the development of agriculture and forestry,with various social relations related to the right of variety arising from the activities of variety protection and rational use of varieties as the object of adjustment,and reasonably construct farmers’ privileges,novelty judgment,and temporary protection claims for new plant varieties.