China is facing increasing challenges in food security and environmental protection, and the plant breeding has made enormous contribution to solving the problems. The legal protection of new plant varieties has the i...China is facing increasing challenges in food security and environmental protection, and the plant breeding has made enormous contribution to solving the problems. The legal protection of new plant varieties has the important function of encouraging innovations in the field of plant breeding. However, the widely use of modem biotechnology has caused great controversy in society, and some people propose to limit the scope of plant variety right, especially for Genetically Modified Organisms （hereinafter ＂GMOs＂）. When designing and interpreting the regulations on the protection of new plant varieties, we should keep in mind that the plant variety right is a private right aiming to encourage innovation, and take the principles and relationships in the field of innovation into consideration. Proper regulation and incentives for innovation are both the essential themes in the fields of modem technologies. Intellectural property （hereinafter ＂IP＂） laws should focus on encouraging innovation, while the law system, including the Seed Law, the Food Safety Law and the Environmental Protection Law, should provide systematic, scientific and strict regulations on the research, propagation and marketing of new plant varieties. The whole law system and the market can function together to guide the plant breeders to be committed to breeding new varieties that meet the needs of food security, food safety and environmental protection.展开更多
The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its re...The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its regulations of protection of new varieties of plants conform to 1978 Act. At present, there is big debate whether China accedes to 1991 Act. This paper mainly discussed advantages and possibilities that China accedes to 1991 Act, and concluded that it is highly desirable that China should consider acceding to 1991 Act in order to contribute to development of system on protection of new varieties of plants.展开更多
The implementing effects of plant breeders＇ rights（PBR）system is influenced by many factors,such as knowledge of the PBR system,the expense of time for the application and approval,the cost of the applying case,etc...The implementing effects of plant breeders＇ rights（PBR）system is influenced by many factors,such as knowledge of the PBR system,the expense of time for the application and approval,the cost of the applying case,etc..Statistical analysis was carried out based on the above influencing factors by means of questionnaire to find out specific reasons.The result suggests that weak propagandizing;inappropriate propagandizing patterns and obstructed approaches for new regulations are all negatively contributing to the PBR.Meanwhile,current PBR system in China which has been found with many irrational aspects affected the impractical design of regulatory operation and the examining efficiency.Lastly,several suggestions were offered on the base of the results.展开更多
Distinctness, Uniformity and Stability （DUS） testing is the technical base of Plant Variety Protection （PVP） and the scientific basis for the approval of Plant Breeder＇s Rights （PBR）. DUS Test Guidelines are no...Distinctness, Uniformity and Stability （DUS） testing is the technical base of Plant Variety Protection （PVP） and the scientific basis for the approval of Plant Breeder＇s Rights （PBR）. DUS Test Guidelines are not only the technical manuals for the DUS testing authorities to conduct the testing, but also the technical standards for the competent authorities to examine the DUS of new varieties of plants. Tea plant, originated from Yunnan Province, China, is a very important woody cash species in the world. The International Union for the Protection of New Varieties of Plants （UPOV） DUS Test Guidelines for tea plant is the first Test Guidelines prepared by China for the UPOV. In this article, the subject, selection, and determination of characteristics, states of expression of characteristics and the selection of example varieties, assessment of the UPOV DUS Test Guidelines for tea plant were elucidated in detail. Finally, the proposal of PVP for tea plant in China was also proposed. The preparation of UPOV DUS Test Guidelines for tea plant will have important significance both for promoting the development of PVP and increasing the status of international PVP fields for China.展开更多
基金the National Social Science Foundation of China （Project No. 2015MzD042） and the reviewers＇ advice is greatly acknowledged.
文摘China is facing increasing challenges in food security and environmental protection, and the plant breeding has made enormous contribution to solving the problems. The legal protection of new plant varieties has the important function of encouraging innovations in the field of plant breeding. However, the widely use of modem biotechnology has caused great controversy in society, and some people propose to limit the scope of plant variety right, especially for Genetically Modified Organisms （hereinafter ＂GMOs＂）. When designing and interpreting the regulations on the protection of new plant varieties, we should keep in mind that the plant variety right is a private right aiming to encourage innovation, and take the principles and relationships in the field of innovation into consideration. Proper regulation and incentives for innovation are both the essential themes in the fields of modem technologies. Intellectural property （hereinafter ＂IP＂） laws should focus on encouraging innovation, while the law system, including the Seed Law, the Food Safety Law and the Environmental Protection Law, should provide systematic, scientific and strict regulations on the research, propagation and marketing of new plant varieties. The whole law system and the market can function together to guide the plant breeders to be committed to breeding new varieties that meet the needs of food security, food safety and environmental protection.
文摘The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its regulations of protection of new varieties of plants conform to 1978 Act. At present, there is big debate whether China accedes to 1991 Act. This paper mainly discussed advantages and possibilities that China accedes to 1991 Act, and concluded that it is highly desirable that China should consider acceding to 1991 Act in order to contribute to development of system on protection of new varieties of plants.
文摘The implementing effects of plant breeders＇ rights（PBR）system is influenced by many factors,such as knowledge of the PBR system,the expense of time for the application and approval,the cost of the applying case,etc..Statistical analysis was carried out based on the above influencing factors by means of questionnaire to find out specific reasons.The result suggests that weak propagandizing;inappropriate propagandizing patterns and obstructed approaches for new regulations are all negatively contributing to the PBR.Meanwhile,current PBR system in China which has been found with many irrational aspects affected the impractical design of regulatory operation and the examining efficiency.Lastly,several suggestions were offered on the base of the results.
文摘Distinctness, Uniformity and Stability （DUS） testing is the technical base of Plant Variety Protection （PVP） and the scientific basis for the approval of Plant Breeder＇s Rights （PBR）. DUS Test Guidelines are not only the technical manuals for the DUS testing authorities to conduct the testing, but also the technical standards for the competent authorities to examine the DUS of new varieties of plants. Tea plant, originated from Yunnan Province, China, is a very important woody cash species in the world. The International Union for the Protection of New Varieties of Plants （UPOV） DUS Test Guidelines for tea plant is the first Test Guidelines prepared by China for the UPOV. In this article, the subject, selection, and determination of characteristics, states of expression of characteristics and the selection of example varieties, assessment of the UPOV DUS Test Guidelines for tea plant were elucidated in detail. Finally, the proposal of PVP for tea plant in China was also proposed. The preparation of UPOV DUS Test Guidelines for tea plant will have important significance both for promoting the development of PVP and increasing the status of international PVP fields for China.
