Analysis of the Regulatory Path of Essentially Derived Varieties Under the Perspective of Scientific and Technological Innovation Incentives
Facing the problem of homogenization of varieties in the seed market,after years of exploring,China has introduced the system of essentially derivative varieties in the revision of the Seed Law of the People's Republic of China,and revised this system in the latest draft revision of the Regulations of the People's Republic of China on the Protection of New Varieties of Plants.At present,the main problem is that although this system has been introduced,it has not yet been specifically detailed,resulting in an inability to effectively protect original seed innovation and rationally distribute the benefits of innovation.By analyzing the legislative status and legislative dilemma of the system of essentially derived varieties,based on the perspective of law and economics,it is proposed that insufficient supervision of essentially derived varieties will lead to insufficient innovation motivation,unfair competition and imbalanced distribution of innovation benefits.A regulatory model for essentially derived varieties is constructed,and the optimal configuration plan for the innovation value of germplasm resources is analyzed.Research shows that using interest measurement as the regulatory benchmark for essentially derived varieties is conducive to achieving Pareto optimality in innovation protection and helping to balance innovation interests in the seed industry's technological innovation market.It is further proved that setting up a fair and reasonable remuneration distribution system between the cultivators of essentially derived varieties and the cultivators of original varieties as a reward for the intellectual property innovation ability of the cultivators of original varieties will be conducive to effectively ensuring the driving force of original innovation;refining the legal system to respond to scientific and technological innovation in seeding and improving the matching between the legal system and technological development is conducive to the formation of a positive incentive effect for scientific and technological innovation;the creation of a compulsory development system gives cultivators of essentially derived varieties compulsory use rights based on public interests,which is conducive to building a reasonable and effective innovation benefit distribution system.