论国际条约中的植物新品种保护制度法律专业论文.docxVIP

PAGE PAGE IV 论国际条约中的植物新品种保护制度 英文摘要 The new plant variety protection in international treaty Abstract After the second world war ， science and technology has made considerable development in the field of agriculture, people realize that the fine varieties can bring huge economic benefits. Plant breeders began to provide protection for new plant variety to safeguard their own interests. Currently on the international protection of new plant variety there are two ways: patent right and new plant variety right. With the economic globalization, intellectual property rights become the focus of countries in economic cooperation and negotiations. Gradually, new plant variety protection as one kind of intellectual property, changes the form of domestic protection to multinational cooperation, regional protection and international protection. This paper talks about the relevant international treaties, to find the international new plant variety protection system trend. At the end, combined with China present protection, this paper discusses the gap between China and international legislation. Thesis mainly consists of the following four parts: The first part introduces the origin, the basic content, the practice in countries of new plant variety protection, and the comparison of two ways. The second part talks about four international treaties, “the International Convention for the Protection of New Varieties of Plant” (as the UPOV convention), “Agreement on Trade-related Aspects of Intellectual Property Rights” (as the Trips), “Convention on Biological Diversity” (as the CBD) and “International Treaty on Plant Genetic Resources for Food and Agriculture” (as the ITPGR). This paper also compares the UPOV1978 and 1991, focus on the system of new plant variety protection in international treaty, talks about the 27.3term of the Trips. The third part explains the trends of new plant variety protection on the world, including the source protection, transgenic plants pro