植物新品种保护中的农民特权问题探究

Research on Farmers' Privilege under the Protection of New Plant Varieties

对植物新品种保护背景下的农民特权问题进行了研究,指出农民特权制度是为了平衡植物育种者和相关公众利益而产生的。在此基础上,分析了我国农民特权规定中存在的不足,并提出应在借鉴国外先进立法经验的基础上,从权利主体、权利客体和权利内容3个方面完善农民特权制定,合理构建育种者与农民利益分析机制。

The paper studied the farmers＇ privilege under the protection of new plant varieties, and pointed out that the farmers＇ privilege sys- tem was generated to balance the interests of plant breeder and relevant public. Based on above, the shortcomings in the present regulations on farmers＇ privilege were analyzed, and based on the advanced legislation experiences both at home and abroad, it was proposed to improve the farmers＇ privilege system from its subject, object and content and establish a reasonable interests sharing mechanism between breeders and farm-ers