Eight Items of Protection for New Varieties of Agricultural Plants

Eight Items of Protection for New Varieties of Agricultural Plants

During the “Eleventh Five-Year Plan” period, the protection of new varieties of agricultural plants in China will aim at promoting the innovation of agricultural breeding and the promotion and application of new varieties, and in accordance with the overall thinking of “scientific review and approval, protection of rights and interests, encouragement of innovation, and promotion of industry”, and focus on perfecting the “laws and regulations”. The three systems of “Technical Support and Management Services” have improved the four capabilities of “countermeasure research, examination and testing, administrative law enforcement, and international exchange” and have comprehensively improved the protection level of China's new plant varieties.
Since China officially joined the International Union for the Protection of New Varieties of Plants (UPOV) on April 23, 1999, the Ministry of Agriculture has issued six batches of plant variety protection lists, which have resulted in 62 protected genera and species. Breeders provide a platform for space protection and fair competition. The number of applications and authorizations for variety rights has also increased substantially. As of November 30, 2006, the Ministry of Agriculture had accepted 3,691 applications for variety rights and granted 899 variety rights. According to the statistics of 500 authorized varieties and application varieties, the total area has been promoted to 640 million mu, with an increase in grain output of 56.32 billion kilograms and a new social benefit of 22.37 billion yuan, which has made positive contributions to increasing grain production and farmers' income.
Although remarkable achievements have been made in the protection of new varieties of plants in China, there is still a big gap with the developed countries. Generally speaking, the rules and regulations are still not perfect, the law enforcement needs to be increased, the work system still needs to be improved, and the technical system still needs to be perfect. In response to the above-mentioned problems, during the “11th Five-Year Plan” period, the Ministry of Agriculture will focus on improving the four systems and upgrading four capabilities. The eight measures will comprehensively improve the protection level of new plant varieties in China. The first is to improve the system of laws and regulations. Revised the Regulations for the Implementation of Regulations for the Protection of New Plant Varieties (Agriculture Section), streamlined the review, testing and authorization procedures, standardized the nomenclature of varieties, established institutional mechanisms for the promotion of innovations in agricultural breeding, and studied and formulated policies to encourage the protection of new plant varieties in China.
The second is to improve the technical support system. Develop and revise the DUS test guidelines for new agricultural plant varieties and expand the scope of protection for plant varieties; establish a database of known varieties of major crops to avoid duplication of authorizations and ensure the quality of authorization; research on technical standards for DNA fingerprinting identification will help improve law enforcement efficiency; improve standard varieties And similar species resource pool to ensure the scientific nature of the authorization; establish a new species protection management information system and integrated information service platform to achieve digitalization of new species declaration, review, testing, authorization and information disclosure.
The third is to improve the management service system. Strengthen the construction of test institutions and professional and technical teams, improve the quality of business personnel, strengthen the conditions for the construction of existing new varieties of test institutions, and enhance testing capabilities; strengthen the construction of variety rights administrative law enforcement system and improve the level and efficiency of law enforcement. Support and guide the development of agricultural intellectual property intermediary service agencies, improve business standards, and improve service quality; strongly support and encourage the establishment of self-discipline and rights protection organizations related to the protection of agricultural intellectual property rights, and play a role in the protection and management of agricultural intellectual property rights by industry associations The positive features. The fourth is to improve the information service system. Expand and improve review and test data resources; develop data processing technology standards and specifications, establish an automatic query system for variety data resources; establish and improve information systems related to variety rights; broaden the implementation of authorized varieties and industrialization channels; and build domestic and foreign variety rights information Exchange and early-warning platforms, track and study the legislative trends of major countries and international organizations, analyze the possible impact on China's relevant research and industrial development, and provide timely advance notice and early warning.
Fifth, strengthen publicity and training. Organize different types of new plant variety protection propaganda, training, seminars, raise awareness of variety rights and ability to use variety rights; propagate variety rights to rural areas and farmers through newspapers, magazines, radio, television and other channels, and gradually cultivate varieties. Awareness of rights, awareness of law-abiding and self-protection. Sixth, we will continue to increase law enforcement efforts. Strengthen the establishment of law enforcement teams for variety rights, improve the level of law enforcement, and correct the attitude of law enforcement; carry out trials on the enforcement of variety rights; explore the experience of administrative enforcement of variety rights; summarize and popularize the effects of enforcement of variety rights; strengthen law enforcement propaganda, increase awareness of law-abiding, and reduce counterfeiting of variety rights The incidence of infringement cases. Seventh, accelerate the promotion and application of varieties. Establish a trading platform for variety rights to promote the trading of variety rights and the promotion and application of authorized varieties. The implementation of science and technology home projects, display of authorized varieties, demonstration and promotion of authorized varieties, and vigorously promote new varieties into the village. Eighth is to strengthen international cooperation and exchanges. Strengthen the research on legal systems and development trends of international new plant variety protection, provide extensive background information and decision-making basis for the development of seed industry in China; actively participate in meetings of UPOV series and technical working groups; support and encourage domestic breeders to apply for foreign variety rights For China's seed industry to go out and escort.

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