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Under the framework of the UPOV Convention Protection of New Varieties of Plants

Author: WangKuiJie
Tutor: ZhuLingZuo
School: China University of Political Science
Course: Legal
Keywords: New Varieties of Plants New Plant Varieties UPOV Patent
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract


New varieties of plants for agricultural production is an important production, agricultural workers, wisdom, technological innovation is definitely the best. In the production of new varieties of plants is the most important factor for agricultural production and income has an irreplaceable role. New plant varieties is a variety of applications to meet the statutory criteria to grant rights to others without the permission of the rights in the case of exclusive rights shall not be used. Seen by the relevant laws and regulations, the object of new varieties of plants for human intellectual effort, the right holder has the exclusive right to use intellectual achievements, others do not have to use under normal circumstances. If use of the intellectual achievements of others, the need to pay a certain fee breeders. Implementation of new plant varieties protection system is conducive to the legitimate rights of the breeder, to encourage breeders intellectual creative act, so as to promote the development of China's agricultural production. Of the protection of new varieties of plants started relatively late, relevant laws and regulations are not perfect, and explore a protection system with Chinese characteristics, will encourage innovation, and promote the rapid development of agriculture and improve the international competitiveness of China's agriculture, protection of national food safety. On the legal protection of new plant varieties in favor of sanctions violations, standardize the market order, balance the interests of all parties, so that the work of breeders respect and recognition by society, stimulate innovation breeders to make a healthy and orderly plant breeding work proceed. This paper is divided into five chapters: The first chapter briefly describes the new plant varieties and agricultural plant variety rights concepts, the application of new plant varieties need to have a statutory condition, new plant varieties and patents distinction, combined with I in personal experience during college elaborated protection of new plant varieties is important. The second chapter describes the protection of new plant varieties UPOV Convention. The main contents include an overview of the UPOV Convention and the basic principles of the conditions for granting new varieties of plants, the content of varieties under the Convention, the Convention on the plant variety rights restrictions. The third chapter focuses on the U.S., Japan and India in the new plant variety protection legislation overview of the history of the system and the establishment of protected plant variety protection system for the establishment of Revelation. The fourth chapter discusses the protection of new plant varieties basic contents briefly discusses the country's conservation status of plant protection and achieved initial results; pointed out the problems in our system, and the reasons for these problems were caused by brief analysis. Chapter V presents the current form of our countermeasures. The main contents include legislative proposals, improve relevant supporting measures to strengthen law enforcement and judicial protection, further rectify domestic seed market.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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