Practical Dilemmas and Improvement of China's Administrative Ruling System for New Plant Varieties

DOI: https://doi.org/10.62517/jel.202414611

Author(s)

Xinqi Liao*

Affiliation(s)

School of Law, China University of Weights and Measures, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

With the implementation of the strategy of strong intellectual property rights, the implementation and development of the protection system of new plant variety rights, as a kind of intellectual property rights, has an important impact on the breeding innovation as well as the development of seed industry in China. Effective settlement of disputes over new plant varieties is not only an important embodiment of the implementation of the national strategy of strengthening intellectual property rights, but also a key initiative to promote the seed industry revitalisation action plan and establish a good seed industry market order. How to resolve all kinds of disputes over new plant varieties at the stage of minimum damage to the right holder, so that the right holder to defend their rights more convenient is the problem that remains to be solved. According to the current framework for the protection of new varieties of plants in China, the right to judicial, administrative, arbitration and other means of relief, but subject to a variety of practical constraints, the development of administrative and judicial protection of new varieties of plants and the development of two kinds of protection is not balanced. One of the more prominent problems is that, compared with judicial protection, the role of administrative protection has not been well played for a long time, which is far from the goal of comprehensively constructing the protection system of agricultural intellectual property rights, and is worthy of in-depth study. This paper mainly focuses on the new varieties of plants for the application of administrative adjudication of the practical dilemma to analyse, to build a more perfect administrative adjudication procedures in the field of new varieties.

Keywords

Administrative Adjudication; Plant Variety Rights; Institution-Building; Adjudication Matters; Technical Surveyor

References

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