我国建立实质性派生品种制度的必要性讨论

Discussions on Necessity of Establishment of EDV System in China

近年来,如何保护实质性派生品种已经成为全世界普遍关注的理论问题和各国植物新品种保护实践中面临的重要现实问题。文章分析了实质性派生品种制度缺失是影响我国作物育种科技创新,造成突破性品种匮乏和植物品种权纠纷增多的重要因素,讨论了我国建立实质性派生品种制度的必要性和重要性,从国家知识产权战略角度提出了我国建立实质性派生品种制度的对策。

How to protect Essential Derived Varieties （EDV） has become one of the universal concerned theoretical problems and important practical problems in the practice of new plant varieties protection of all countries these years. It was analyzed in the paper that the lack of ＂EDV＂ system was one of the key reasons which reflect on innovation of technology of plant breeding, scarcity of the breakthroughs of new plant varieties and increasing dissensions of plant varieties rights in China. The availability and essentiality of establishing ＂EDV＂ system was discussed and the countermeasures of establishing of ＂EDV＂ system from the viewpoint of national strategy of intellectual property in China proposed.