论文部分内容阅读
遗传资源保护和植物新品种保护是近几年来知识产权领域的两个新问题。本文回顾了植物遗传资源产权思想演变的过程,提出林业植物遗传资源存在人类共有、私人所有、国家所有和农民-社区所有四种产权配置模式,并对这四种产权配置模式的内在关系展开阐述,最后指出这四种产权配置模式与林业植物新品种保护制度密不可分,在林业植物新品种保护制度的构建过程中必须充分考虑新品种保护与遗传资源保护以及惠益分享的冲突与协调。
The protection of genetic resources and the protection of new varieties of plants are two new issues in the field of intellectual property in recent years. This paper reviews the process of the evolution of plant genetic resources property rights, and proposes that plant genetic resources in forestry exist in all four kinds of ownership allocation modes of human ownership, private ownership, state ownership and farmers-community, and expound the intrinsic relations among these four kinds of property allocation modes Finally, it is pointed out that these four models of property rights are inseparable from the new plant variety protection system for forestry. In the process of constructing the new plant variety protection system for forestry, we must fully consider the conflicts and coordination between the protection of new varieties and the protection of genetic resources and benefit-sharing.