Abstract:Plant varieties and the inventions arising from the process of breeding plant varieties are the results of intellectual creations by human beings. For the protection of plant variety, continental European countries have adopted a special system of breeder's rights, while the United States has explored the model of patent rights. With the development of breeding technology, there has been an integration of these two models. Understanding the evolution of plant variety protection models in European countries and the US is conducive to improving China's legal system of protecting plant varieties and the inventions involved.

Keywords: plant variety rights; patent protection model; combination of plant variety rights and patent rights

 

Author:Li Mingde, Great Wall Scholar of Chinese Academy of Social Sciences, Honorary Director of CASS Center for Intellectual Property Studies.

Source:10 (2025) Intellectual Property.