New plant varieties should be carefully cared for

According to media reports, not long ago, the first case of infringement of new plant varieties in Liaoning was concluded with the victory of the plaintiff Zhang Jilin The plaintiff was compensated according to law, but all the provenances of the mother of Forsythia suspensa which had been successfully cultivated through painstaking research for more than 10 years were lost More than 5800 golden Forsythia mother trees of the plaintiff and its company, with independent intellectual property rights, have obtained the certificate of new plant varieties issued by the relevant national authorities But they were still completely destroyed in a "forced demolition" a year ago Those who understand the hard work of cultivating new varieties lament and lament for Zhang Jilin's old people, and are even more worried about the indifference of the concept of variety rights protection in the relevant aspects of society The reporter learned that, although the above cases are more extreme, most of the disputes on plant variety rights are often solved through negotiation and mediation, but in recent years, the disputes on infringement of plant new variety rights have occurred repeatedly in China In China, the protection of new plant varieties is mainly in the charge of agriculture and forestry Although agricultural intellectual property rights also include geographical indications of agricultural products, agricultural related patents, trademarks, copyrights, etc., the right of new varieties of plants is the core of China's agricultural intellectual property rights The strategic outline of agricultural intellectual property rights (2010-2020) (hereinafter referred to as the outline) recently formulated and promulgated by the Ministry of agriculture will strengthen the protection of new varieties of plants in China in the next 10 years to strengthen the protection of new varieties of plants Tune Meanwhile, the guidance on the implementation of the national intellectual property strategy in forestry (Draft for discussion) issued by the State Forestry Administration, which is seeking opinions and is expected to be issued by the end of this month, also reveals the information of "focusing on new varieties of forestry plants and strengthening the protection of forestry intellectual property" When the awareness of protection is weak, the occurrence of new varieties of plants refers to the new varieties of plants that have been artificially cultivated or discovered and are novel, specific, consistent, stable and appropriately named The protection of new plant varieties is also known as "the rights of plant breeders" Like patents, trademarks and copyrights, it is a form of intellectual property protection In recent years, with the rapid development of China's agricultural intellectual property, which takes new plant varieties as the core, the ownership of agricultural intellectual property has increased rapidly, which plays an increasingly important role in increasing grain production, increasing farmers' income and enhancing agricultural comprehensive production capacity By the end of 2009, the Ministry of agriculture and the State Forestry Administration had accepted 7231 applications for new plant variety rights at home and abroad, and 3278 authorized applications The protection system of new plant varieties has effectively encouraged the independent innovation of breeding in China, and the amount of variety right application and authorization has continued to rise, and the majority of farmers have benefited directly However, the outline of the Ministry of agriculture also points out that, on the whole, the protection system of new plant varieties in China needs to be improved, the registration system of geographical indications of agricultural products has just started, the management system of the ownership of agricultural biological genetic resources has not been established, the ability to create, protect and transform agricultural intellectual property is not strong, the development of intermediary service system is slow, professional talents are short, and the awareness of intellectual property is weak Weak, infringing phenomenon occurs from time to time, the role of intellectual property rights in promoting agricultural development has not been fully played Some local information shows that at the grass-roots level, the concept of intellectual property protection is not strong, the awareness of variety rights is weak, and the relevant systems are lack of understanding In addition, the lack of relevant supporting policies, imperfect protection and incentive mechanism, lax and unfair local protection and law enforcement and other problems often lead to the situation that the variety rights are not protected and the seed market is in chaos Objectives: the outline of the Ministry of agriculture has not only formulated the overall strategic objectives for the past ten years, but also defined the objectives for the past five years, namely: the total amount of independent intellectual property has been greatly increased; the effect of using intellectual property has been significantly enhanced; the protection of agricultural intellectual property has been significantly improved; the service level of agricultural intellectual property management has been comprehensively improved Among them, it is clearly proposed that the annual application and authorization volume of new plant variety rights should be kept at the forefront of the world, with the total number of applications exceeding 10000 and the authorized number reaching 7000, and the number of applications to foreign countries increased significantly More than 800 geographical indications of agricultural products have been registered and protected, the pilot work of international mutual recognition and registration has been comprehensively promoted, and agricultural biological genetic resources have been registered and protected, etc With regard to the protection of agricultural intellectual property rights, the objective is to "significantly reduce the acts of infringing the rights of new varieties of plants, counterfeiting authorized varieties and geographical indications of agricultural products, significantly enhance the ability of administrative law enforcement, significantly reduce the cost of safeguarding rights, and basically form an atmosphere of respecting and protecting agricultural intellectual property rights" In fact, whether agriculture or forestry, the goal of intellectual property protection is simply to achieve the growth of quantity and quality The head of the State Forestry Administration previously disclosed that the development goal of implementing the national intellectual property strategy in forestry is to strive for an average annual increase of more than 10% in the patent ownership of the forestry industry through five years' efforts, including 1000 applications for new varieties of forestry plants and 600 authorized varieties "By 2020, the management system of forestry intellectual property rights will be basically improved, the management system will be basically improved, the quantity and quality will be significantly improved, the application effect will be significantly improved, and the capacity of public service and technical support will be significantly enhanced." On April 23, 1999, China officially joined the UPOV and became the 39th member country of UPOV On the same day, China started to implement the regulations on the protection of new plant varieties The seed law passed in 2000 further clarified the protection system of new plant varieties in China The protection of new plant varieties in China has gone through 11 years The development of 11 years is also a process of continuous establishment and improvement of relevant systems and laws In the future, the protection of agricultural intellectual property rights and the improvement of the system are still "the most important part" The outline proposes to improve the protection system of new plant varieties: revise the regulations on the protection of new plant varieties, optimize the application and approval procedures of new plant variety rights, shorten the review cycle; strengthen the protection of new plant variety rights, prevent the abuse of new plant variety rights; establish the pledge financing system of new plant variety rights, promote the transformation and application of new plant variety rights; formulate and revise the regulations Supporting rules and regulations to solve the practical problems encountered in the approval of new plant variety rights and administrative law enforcement; expanding the scope of plant variety protection list; strengthening the management of new plant variety rights review and test, improving the efficiency of review and test, ensuring the quality of authorization; improving the functional division and regional layout of new plant variety testing institutions, improving the comprehensive ability and strengthening the neutrality; accelerating the development And revision of new plant species specificity, stability, consistency testing guidelines and so on Without the protection and sustainability of agricultural biogenetic resources, plant variety innovation will lose its material basis The protection of genetic resources has become one of the focuses of international discussion, but China has not yet established the relevant ownership management system The outline of national intellectual property strategy issued by China in June 2008 clearly proposed that we should pay attention to the protection of the legitimate rights and interests of farmers, improve the protection, development and utilization system of genetic resources, build a reasonable mechanism for the acquisition and benefit sharing of genetic resources, guarantee the right of informed consent of genetic resources providers, and promote the sustainable development of agriculture and forestry It is reported that the outline of the Ministry of agriculture proposed to study and draft the measures for the administration of the registration of the ownership of agricultural biogenetic resources, gradually establish the management system of the ownership of agricultural biogenetic resources, promote its connection with the patent law and the protection system of new plant varieties, and establish and improve the system of source disclosure and benefit sharing We will improve the management measures for the import and export of agricultural biogenetic resources and for foreign cooperation in research and utilization, and formulate international strategies and measures for the protection and utilization of agricultural biogenetic resources.