| Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 105 === With the official signature of the Cross-Strait Economic Cooperation Framework. Agreement and the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation, both Taiwan and Mainland China start to put emphasis on the plant variety rights. However, since there are still some gaps between the laws on the plant variety rights of Taiwan and Mainland China, and the communication and cooperation become more frequent, there are also more or less disputes and disagreements between the people or governments of Taiwan and Mainland China.
The new plant variety rights belong to the system of territorial law, so Taiwanese businessmen have to go to Mainland China to apply for the variety rights, accessing the protection of the rights and then can enjoy the protection of rights from Mainland China. On the other hand, when confronted with the behaviors of rights invasion, Taiwanese businessmen have to be familiar with the variety rights relief model to choose a more convenient and effective method to settle the disputes.
Therefore, the thesis first explores the differences of the laws on the plant variety rights between Taiwan and Mainland China, and finds out possible arising problems. And the thesis also studies the approaches of cross-strait variety rights relief model, including judicial proceedings, the protection from administration authorities, and the possibilities if the Alternative Dispute Resolution is suitable in solving and Mainland China. Finally, the researcher hopes that Taiwanese businessmen will have the abilities to protect their own rights when stepping onto the land of China.
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