Are new animal varieties within the scope of intellectual property rights?

No, you can't apply for patents for animal and plant varieties, but you can apply for patents for methods of cultivating animal and plant varieties. The protection of new varieties of animals and plants is a kind of intellectual property protection, which protects the rights of breeders related to the varieties they cultivate. In different countries, the specific forms of protection are not completely consistent. In China, new varieties of plants are protected in the form of new varieties of animals and plants.

I. What are the main contents of intellectual property rights?

1, works;

2. Inventions, utility models and designs;

3. Trademarks;

4. Geographical indications;

5. Trade secrets;

6. Layout design of integrated circuits;

7. New plant varieties.

Second, what legal responsibilities should be borne for infringement of intellectual property rights:

1. The legal liability for infringement of intellectual property rights generally includes civil liability, administrative liability and criminal liability;

2. The forms of civil liability for infringement of intellectual property rights mainly include stopping the infringement, eliminating the influence, apologizing, and compensating for losses. And stop the infringement;

3. Due to the right attribute of intellectual property, the acquisition and protection of intellectual property are closely related to administrative organs. Therefore, the administrative responsibility of the doer in intellectual property infringement disputes can not be ignored. According to the current laws of our country, there are three kinds of administrative responsibilities caused by infringement of intellectual property rights, namely, stopping infringement, confiscation and fine.

Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) substances obtained by nuclear transformation;

(six) the design of the pattern, color or the combination of the two.

The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.