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  • 期刊

Study on the Feasibility of Pledge of New Plant Variety Application Right

摘要


The right to apply for new varieties of plants is a right enjoyed by the breeder or the assignee of the right to apply for new varieties with novelty, specificity, consistency and stability. This right has both the property content in the field of private law and the procedural content in the field of public law. China's legislation does not clearly stipulate that the right to apply for new varieties of plants can be pledged, but the property, transferability and particularity of the right does not affect its pledge is beyond doubt.

參考文獻


Jiang Benwei,“How to Understand the Application Right of New Plant Varieties under Article 7 of the Regulations on the Protection of New Plant Varieties” ,Journal of China Seed Industry,2020, ( 10 ) , p25-28.
Su Haopeng,“The application and examples of Guarantee Law and its judicial interpretation” ,China Democratic Law Press, 2001, p310.
Chen Benhan,“The legal positioning of new types of guarantees”, Tsinghua Law, 2014, Vol. 8 (02), p91.
Liu Lu, Gao Shengping,“Research on Several Issues of Patent Right Setting System”, Journal of Shanghai University of Finance and Economics,2009, Vol. 11 (04), p15.
Xu Haiyan, Li Li,“The Frontier Theory and Practice of Real Right Guarantee” , China Legal Press, 2012 , p331.

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