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New Plant Variety Protection System on Agricultural of China

Author: DengWuHong
Tutor: ZhangBaoWen
School: Northwest University of Science and Technology
Course: Agricultural Economics and Management
Keywords: the globalization of Intellectual Property TRIPs UPOV new plant variety on agricultural new plant variety protection system on agricultural
CLC: F322
Type: PhD thesis
Year: 2008
Downloads: 894
Quote: 3
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Abstract


As an fundamental elements of protection system for agriculture intellectual property, new plant variety protection system is an guaranteeing system to accelerate the innovation of agricultural breeding, to improve the international competitive capacity of agricultural products, as well to safeguard the sovereignty over agriculture and safety over plane germplasm resources. Represented by U.S., the major developed countries implementing the globalization of TRIPs-UPOV, especially UPOV1991 new plant variety protection system to promote. With new plant variety protection system as a strategic movement to win or balance the international competitive superiority in agriculture and economy, the developed countries realize the globalization of their national benefits through the convergence and control over agriculture and other industries of other countries. Against this, the deep and systematic research on the new plant variety protection system on agricultural of China. will be of high theoretical and practical significance for the perfecting of the protection system, the establishment of the development direction of the system, the self-innovation of the agriculture Sci-tech in China, the sovereignty over agriculture production and agro-products international trading, the protection of the plant germplasm resources in China, the sustainable development of Chinese agriculture and the safeguarding of the national economy.Aimed at the globalization of new plant variety protections system, based on the theories of economics, theory and methodology of law science, theory of the new institutional economices, theory of cost and benefit analysis for intellectual property and theory of balancing of interests in Intellectual Property Law, the research applied the research methodologies of comparison, mathematical statistics, conducted the systematic research on the new agricultural plant variety protection system in China, and proposed the perfecting design and development hypothesis for the new plant variety protection system on agricultural of China.What’s in the research:Chapter One: Introduction. This chapter focused on the research background, aims and significance, domestic and international research literature review, also put forward the research field, content, proposal and methodology of the whole research.Chapter Two: The research theories of the new plant variety protection system on agricultural of China. These chapters reviewed the related definitions of the new plant variety, illustrated the content and characteristics of TRIPs, theory of cost and benefit analysis for intellectual property, theory of balancing of interests in Intellectual Property Law, and discussed the globalization of intellectual property.Chapter Three: New plant variety protection system on agricultural of China. This chapter focused on the static analysis of the protection system in China, and illustrated the system connotation, Meaning, law structure and management mechanism.Chapter Four: Empirical analysis and operation efficiency of the new plant variety protection system on agricultural of China. This chapter is a dynamic analysis of the current protection system in China with the new plant variety protection application and Auth Data from the Ministry of Agriculture from 1999 to 2007, data from China Agriculture Yearbook 1989-2007, the investigated data by the Ministry of Agriculture in 2007, pointed out the existing problems in the current protection system and provided the empirical support for the perfecting of the new plant variety protection system on agricultural of China.Chapter Five: International new plant variety protection system development. This chapter analyzed the international development of plant variety protection system; put forward the direction, motivation, effect and features of the globalization of the protection system; and concluded that the developed countries exercised an important role in the globalization, promoted the implementation of UPOV1991 of TRIPs, undertook the bio-piracy to the developing countries and set trade barriers in international trading through the sovereignty over plant varieties.Chapter Six: the Influential Factors on construcion of the new plant variety protection system on agricultural of China.This chapter focused on the practical or expected effect of plant variety protection globalization to the related subjects, correspondent fields the new agricultural plant protection system in China, and set up solid theoretical foundation for further development and decision-making of the construction of the new plant variety protection system on agricultural of China.Chapter Seven: Construction of the new plant protection system on agricultural of China. This chapter is the principles hypothesis for the perfecting and developing of the new plant variety protection system on agricultural of China. Based on the theoretical and empirical analysis, it demonstrated the basic principles and aims to be followed in the protection of new agricultural plant variety in China, and presented an outline hypothesis to the future development of the new plant variety protection system on agricultural of China..Chapter Eight: Conclusion and proposal. This chapter emphasized on the conclusion and evaluation of the whole research, and forwarded the further problems to study. What’s new of the research:I, The model construction based on the data from China Agriculture Yearbook, 1989-2007.Tthe model concludes that the current new plant variety protection system on agricultural of China has greater effect to the yield of corn, wheat and rapeseed while lower in cotton, soja and rice, and the yield of cotton, soja and rice own a slower increase after the protection of variety sovereignty.II, Systematic analysis on the globalization of new plant variety protection system demonstrated. The analysis proposed that the developed countries exercised an important role in the globalization, promoted the implementation of UPOV1991 of TRIPs, undertook the bio-piracy to the developing countries and set trade barriers in international trading through the sovereignty over plant varieties.III, Principles, aims and outline hypothesis. Based on the systematic analysis on the effect of the globalization of new plant variety protection system to the related subjects and fields of the new plant variety protection system on agricultural of China, the research, associated with the practical situations in China, demonstrated the basic principles and aims to be followed, and presented an outline hypothesis to the future development in the protection of new plant variety on agricultural.

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