Abstract: The Animal husbandry law of the people’s republic of China stipulates that the legitimate rights and interests of breeders of new species of livestock and poultry shall be protected by law. However, China’s law does not confirm the "new animal varieties right", and new animal varieties can not be granted patents. This leads to a real predicament in the protection of new animal varieties in China. The legislation and practical experience of the protection of new animal varieties abroad can provide references for the improvement of the relevant legal system in China. Based on the existing system in China, breeders of new species of livestock and poultry can protect their legitimate rights and interests by means of technology secret, method patent or transgenic invention patent and international channels. China should also actively explore legislative innovation, establish "new animal variety right", and systematically regulate the rights protection and supervision of the new animal varieties.