Abstract
AbstractChina has achieved remarkable results for the protection of new plant varieties since it promulgated and implemented “Regulations for the Protection of New Plant Varieties” in 1997. However, as a whole, the level of legislation is still at an early stage, primarily referencing to the UPOV Convention and the legal content of other countries. The legislation has not yet set up the ultimate goal and reasonable protection measures that would meet China’s current actual needs. The chapter discusses the status of protection of new plant varieties in China and characteristics. It then analyzes the major deficiencies and shortcomings of existing laws and explores the main reasons behind. This chapter proposes a number of specific measures for perfecting the legal system for the protection of new plant varieties in China before it ends with a conclusion.
Highlights
China has achieved remarkable results for the protection of new plant varieties since it promulgated and implemented “Regulations for the Protection of New Plant Varieties” in 1997
This chapter proposes a number of specific measures for perfecting the legal system for the protection of new plant varieties in China before it ends with a conclusion
The value objective established by this legal system is mainly to obtain personal economic benefits through legitimate breeding labor1
Summary
China is one of the oldest civilizations in the world and has a vast territory. From north to south, it spans the cold temperate zone, temperate zone, warm temperate zone, subtropical zone, and tropical zone. Hou kinds of higher plants in China, ranking third after Brazil and Colombia This rich plant resource has laid a solid foundation for the cultivation of new plant varieties in China and for the enhancement of the protection of new plant varieties. In the revision of the Seeds Law in 2015, a section on the protection of new plant varieties was added; and the Supreme People’s Court has promulgated the judicial interpretation to deal with this issue. It is worth noting that the Ministry of Agriculture and Rural Affairs has issued the following important regulations, including “Nomenclature of Agricultural Plant Varieties,” “Registration Guidelines for Non-major Crop Varieties,” “Registration Measures for Non-major Crop Varieties,” “The Measures for the Protection of Agricultural Wild Plants,” and “Administrative Measures on Crop Germplasm Resources,” which reflect the fact that the Ministry is continuously refining and improving this legal system
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