The right to new plant varieties, like trademark right, patent right and copyright, belongs to a form of intellectual property protection.
New plant varieties are not inventions, but improvements and utilization of existing plants. They cannot be produced in an industrialized way and are not creative in the sense of patent law, so they are not subject to the adjustment of patent law.
Compared with invention patents, the core of new plant varieties is transformation, and the core of the latter is creation. The former emphasizes results, while the latter emphasizes procedures; The former pursues stability and the latter pursues development; The former is characterized by specificity, while the latter is characterized by creativity and practicality.
The significance of applying for new plant varieties;
Let breeders enjoy exclusive rights and promote the enthusiasm of breeding; Obtaining the right to new plant varieties can not only reflect the application value of the varieties themselves, but also play a propaganda role; Clear the boundary of rights so that variety owners can protect their legitimate rights and interests in the face of infringement. (six) the design of the pattern, color or the combination of the two.