关键词: 品种权, 植物新品种, 制度完善, 实质性派生品种, 专利保护

Abstract:

The new plant variety right is an important intellectual property particularly to seed field, which is of great significance to protect the interests of breeders and promote innovation in seed market. In current judicial practice, problems such as the low legislative level of new plant variety protection, serious homogenization of plant varieties in seed market, and the difficulty for breeders to protect rights are becoming more and more prominent. How to improve the protection system of new plant variety in China has become the key to effectively resolving disputes over the protection of new plant variety. By analyzing problems and their causes of the protection system of plant variety at this stage and drawing on the experience of relevant regulations of new plant variety protection system in the United States and Japan, the study aims to explore the protection mode of new plant variety in line with China’s national conditions and the status quo of agricultural development, so as to promote the construction of a major agricultural country and improve international competitiveness.

Key words: variety right, new plant variety, institutional improvement, essential derived variety, patent protection