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Research on Situation and Development of Rice Intellectual Property in China

Author: NiJianPing
Tutor: ChengShiHua
School: Chinese Academy of Agricultural Sciences
Course: Crop
Keywords: rice intellectual property variety rights technology-company cooperation
CLC: F204
Type: Master's thesis
Year: 2010
Downloads: 184
Quote: 0
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Abstract

Intellectual property protection has become one of the key factors for a national economic development and competition by participation. China holds a series of rice core technologies, especially hybrid rice in China. Strengthening of intellectual property protection in rice is beneficial not only to the development of rice science and technology, but also to the future security of rice seed industry and national food security issues. In this study, based on introduction of the basic theory of intellectual property in rice, its domestic and international protection laws and regulations were presented. Utilization and management of intellectual property, as well as some practical examples of protection of new varieties in plants were analyzed.In recent years, scientific research of seed companies and establishment of breeding teams made great progress. It has become an important force of rice breeding in China. Also it is one of the principal applicants for intellectual property. In recent years, applications and authorizations of new varieties rights in rice increased rapidly, but its proportion out of the whole identificatiton varieties is still low, and there are new problems that variety rights pay more attention by seed companies to hybrid rice than conventional rice. Rice patents are mainly distributed in the whole rice industry chain from rice genes to post-processing. Since the implementation of the "Patent Law", the number of the granted patents is numerous, but the proportion of successful industrialization is low. It is a gratifying thing that patent applications of rice genes have been pain attention by all grades of governments and the scientists. Disputation between the useful right of new hybrid rice variety "Guofeng 1" and the registered trademark right of the "Guofeng", in fact, is a disputation of the commercial interests caused from the rights of new varieties of hybrid rice, and is a particular representation that the research units drop behind in the market awareness and legal awareness. Also it is the symbol of market consciousness awaking in the research unit. The protection of geographical indications of China’s rice products promoted the development of rice industrialization and large-scalization, and increased the income of farmers, but its protection awareness and market regulators need to be further strengthened. In the protection work of trade secrets in rice, the specific measures should be more specific, effective in Companies than in research institutes. So in research institutes, the protection of trade secrets in rice is more urgent than in Companies. At current stage intellectual property rights in rice have three transaction ways:"self-development", "buy-out or special license to use," "scientific research units+ companies to develop". However, there are still only 13.87% of patent inventions for successful industrialization, and conversion rate of new varieties in rice is higher than 80%, indicating that new varieties rights in rice are the most successful transformation method of Intellectual property in China. Lack of intellectual property management in research units of, urgent need for intellectual property rights in enterprises, and laws and regulations related to the lag lead to the main reason for the infringement and difficult protection of intellectual property rights (IPR) in rice, also are the major characteristics of the work of IPR protection. Cooperation between the research institutes and enterprises will be beneficial to enhancing the regulatory capacity of the market in enterprises, and the economic vitality of scientific research institutes, and to reaching the complementary advantages of the research institutes and enterprises.We found some problems that rice identificated varieties in production is superfluous, investment of breeding innovation in enterprises is low, especially in the national financial support, and development of seed enterprises in China is short, weak, and the majority of farmers in rice have weak awareness of IPR protection, through analysis of situation of IPR in current stage, cooperation of Institute-enterprise, and classification investigation and empirical analysis of intellectual property protection system in rice. So I proposed five specific measures and suggestions that an appropriate standards of new varieties identification in rice should be increased, and the number and the rhythm of new rice varieties delivered should be controlled; breeding innovation in enterprises should be encouraged, and public service platform in rice research institutions should be established; IPR protection Laws and regulations should be constantly improved to fully protect the interests of property rights; publicity and training, and public awareness of IPR protection in rice Industry should be strengthened; IPR protection system in rice should be comprehensively utilized, using hybrid rice as a breakthrough, to integrate domestic resources, to build national seed industry, national rice Industry brands.

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