植物品种权与农民权利的协调——植物遗传资源知识产权制度的重大关切

Coordination of Plant Variety Rights and Farmers’ Rights——Major Concern on Intellectual Property Rights System of Plant Genetic Resources

如何协调植物品种权与农民权利是构建和完善植物遗传资源知识产权制度时必须认真考虑的问题。国际知识产权制度虽然确立了平衡保护两权的理念,但实践中主流知识产权制度对两权的保护明显失衡。国外知识产权制度存在较大差别:南方国家致力于平衡保护两权,北方国家却偏向于植物种子权的保护。我国应该根据自己的国情,借鉴国外经验,加大农民权利保护力度。

It is the issue of well coordination of plant variety rights and farmers＇ rights that should be carefully concerned in constructing and perfecting intellectual property rights system of plant genetic resources. Although concept of balancing protection of the two rights was concretely stated in international intellectual property rights system, the two rights were obviously unequally protected by mainstream intellectual property rights system in practices. There are quite obvious differences of intellectual property rights system abroad： while the South countries focus on balance protection of the two rights, the North countries focus on protection of plant seeds right. China should draw lessons from abroad experiences and enhance the protection of farmers＇ rights according to concrete national conditions.