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作者在现实的品种权及其案例中发现,特定的品种权客体有着多方面和多环节的价值。我国现行的品种权制度和有保留加入的UPOV公约78文本,根本不涉及植物新品种的收获材料,没有赋予品种权人在收获材料所创造价值方面的权利。我国尚未加入的UPOV公约91文本,尽管将植物新品种权的权能扩大到了植物新品种的收获材料,但是,在其上设置权利的使用行为和物质只涉及观赏和用收获材料制造的产品,不涉及其气味和所含物质的提炼。而本文所论及植物新品种的价值,主要的恰恰就是其特殊气味功能的利用和对其作为原料的收获材料所含特定物质的提炼。因此,笔者建议立法应该将植物新品种权能扩大到特定植物的特定气味功能和作为原料的收获材料所含物质的提炼行为。
In the reality of variety rights and their cases, the author discovers that the specific object of variety rights has many aspects and multiple links. The current system of variety rights in our country and the texts of the UPOV Convention, which are adhered to, 78 do not involve the harvesting of new plant varieties at all and do not give the variety right the right to harvest the value created by the materials. Although UPOV Convention 91, to which my country has not yet acceded, extends the power of new plant variety rights to harvested plant variety varieties, the use practices and substances on which rights are placed relate only to products that are viewed and harvested, and not It relates to its odor and the refining of its contents. However, the value of the new varieties of plants discussed in this article is mainly the utilization of their special odor functions and the refinement of the specific substances contained in the harvested material used as raw materials. Therefore, the author suggests that the legislation should extend the rights of new varieties of plants to the specific odor function of certain plants and the refining behavior of substances contained in harvested materials as raw materials.