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浅析建立实质性派生品种制度的法律价值和意义——以新修订《种子法》为研究文本

A Brief Analysis of the Legal Value and Significance of Establishing a Substantial Derivative System——Take the Newly Revised “Seed Law” as the Research Text

  • 摘要: 2022年3月1日,新修订的《中华人民共和国种子法》正式施行。新《种子法》第28条、第90条首次规定了EDV制度,明确了实质性派生品种的定义。该制度的建立将激励原始育种创新,从根源上解决种子同质化问题,对推进种业振兴具有里程碑式意义。EDV制度的建立充分彰显了法律公平正义价值在种业领域的践行,它的建立激活了种业法律保障体系,将种业领域的发展带入法治化道路新进程。《种子法》自出台以来历经四次修订,从设立植物新品种保护专章到拟建立EDV制度,20多年来不断完善,引导、率领、促进我国种子行业的健康发展。

     

    Abstract: On March 1, 2022, the newly revised "Seed Law of the People’s Republic of China" came into effect. Article 28 and Article 90 of the new "Seed Law" stipulated the EDV system for the first time, and clarified the definition of substantially derived varieties. The establishment of this system would stimulate the original breeding innovation, solve the serious problem of seed homogeneity from the root, which was of milestone significance for promoting the revitalization of the seed industry. The establishment of the EDV system fully demonstrates the practice of the fairness and justice value of the law in the field of seed industry, of which the establishment activated the legal protection system of the seed industry and brought the development of the seed industry into a new journey of legalization. Since its promulgation, the Seed Law has undergone four revisions, from the establishment of a special chapter for the protection of new plant varieties to the proposed establishment of an EDV system. It has continuously improved for more than 20 years to guide, lead and promote the healthy development of our country’s seed industry.

     

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