CN111480483A

CN111480483A - Living body preservation method for new plant variety infringement material evidence

Info

Publication number: CN111480483A
Application number: CN202010226117.7A
Authority: CN
Inventors: 王婉君; 于仁春; 骆会欣; 徐浩敏; 田林源; 郁书君; 陈立霞
Original assignee: Beijing Palm Plant New Variety Right Management Co ltd
Current assignee: Beijing Palm Plant New Variety Right Management Co ltd
Priority date: 2020-03-18
Filing date: 2020-03-18
Publication date: 2020-08-04

Abstract

The invention provides a living body preservation method for new plant variety infringement material evidence, and relates to the field of new plant variety protection. The method comprises the following specific steps: (1) designing and manufacturing an integrated enclosure space according to the size and quantity of the obtained living plants; (2) taking evidence, namely potting and planting the living plants; (3) placing the potted living plants in the enclosed space; (4) pasting a seal for sealing, numbering and taking a picture by a third party unit; (5) the storage environment is adjusted in due time by observing the growth of the plants. The preservation method can prevent the living plant as the material evidence from being replaced or maliciously damaged, can move the infringing material evidence to a space suitable for the growth of the living plant according to the change of the environment at any time, realizes the convenient and safe preservation of the infringing material evidence, is a dispute-free evidence preservation method which can be accepted by both original notice and notice, solves the problem of improper preservation of the infringing material evidence of the new plant variety at present, and can be applied to the preservation of the material evidence in the new plant variety right maintenance.

Description

Living body preservation method for new plant variety infringement material evidence

Technical Field

The invention relates to the field of protection of new plant varieties, in particular to a living body preservation method for infringing physical evidence during maintenance of new plant varieties.

Background

One seed can change one world, and one variety can benefit one nation. The new plant species plays an important role in increasing the yield, increasing the efficiency and improving the quality of agriculture and forestry, and becomes a legal treasure for competition of domestic and foreign breeding units. The protection of new plant varieties is also called ' plant breeder ' rights ', is a form of intellectual property protection like patents, trademarks and copyright, and means that a unit or an individual who finishes breeding has exclusive rights to the authorized varieties, and any unit or individual, without permission of the owner of the variety rights, cannot produce or sell propagation materials of the authorized varieties. China released the rules for protecting new plant varieties in the people's republic of China 20 days 3 months 1997, China added the International treaty for protecting new plant varieties 23 days 4 months 1999, and China performed the seed Law of the people's republic of China 2016. The establishment and implementation of a new plant variety protection system in China mark that the intellectual property protection business of China enters a new development stage and takes a new step.

The new plant variety protection system implemented in China has been used for more than 20 years, the infringement events of the new plant variety are frequent, and for the new plant variety propagated asexually, in view of the fact that the propagation material is fast in diffusion, the planting and propagation are very simple, the infringement is particularly serious and the right maintenance is extremely difficult, and an important link of the difficult right maintenance is difficult evidence collection and material evidence preservation. In addition, for some new plant species such as herbaceous flowers and crops, due to the short production period, if the species righter cannot extract the material evidence for storage in time, no matter the application for administrative law enforcement or the procedure of a driving law, if the seedlings of an infringement production unit are sold or harvested, the species righter faces an unpractical state.

The main evidence for the infringement of new plant varieties formally mainly includes written evidence and physical evidence. In the case that the written evidence can not prove the infringement behavior, the suspected infringement material evidence is necessary to be preserved (namely, the material evidence is preserved), and then whether the suspected infringement material evidence is the same as the authorized variety or not is determined by a scientific means. The evidence collection of the new plant variety infringement not only needs to be carried out in time in the production cycle, but also ensures that the new plant variety survives after the living evidence obtained under the supervision of a third party is sealed so as to support the need of obtaining the evidence at any time in administrative law enforcement or judicial procedures.

In the prior plant variety infringement case, the conservation method of infringement material evidence has a plurality of problems. If the plants which are obtained evidence are directly planted in the field for management, although the plants are convenient to keep alive, even if the related third party hangs the tags for sealing, the risks of exchanging, maliciously damaging and losing the plants often occur. Still will get evidence the plant and directly wholly seal up and deposit in buildings such as warm canopy, because the building need paste the strip of paper used for sealing and prevent the change, the access & exit is sealed back maintenance personal can not get into the space of being sealed up and depositing like this, and the plant as infringement material evidence often appears the death phenomenon because of the maintenance is not in place. In practice, no good method exists, and the problem of sealing and surviving the obtained infringement material evidence living body can be solved at the same time.

Disclosure of Invention

In order to solve the problem of sealing and storing the plant living physical evidence, the invention creates a novel convenient and undisputed preservation method of the living physical evidence by creating an enclosed space suitable for plant growth, makes up the defects of the existing infringing physical evidence preservation method and solves the problem of preservation of the living physical evidence in the current new plant variety infringement case.

The invention selects the integrated enclosed space made of the materials with holes and light and air permeability, and the plants as the material evidence can be conveniently and integrally moved after being sealed and stored. The method can ensure that the sealed living plant serving as the evidence is not replaced or maliciously damaged, can also accept normal maintenance to keep healthy growth, is a dispute-free evidence preservation method which can be accepted by both original notice and reported notice, and is a convenient and practical new method.

The living body material evidence is a key material evidence for disputes of new plant variety infringement, and whether the plant and the authorized variety are the same can be judged by further carrying out technical measures such as DNA detection, DUS test and the like and comparing with the authorized variety, so as to judge whether infringement is formed. The method is obtained by continuously exploring and improving the inventor in the practice of maintaining rights of various varieties, and is convenient for administrative law enforcement personnel and judicial authorities to call evidences at any time according to program requirements.

The technical scheme adopted by the invention for realizing the purpose is as follows:

the enclosure space suitable for plant growth is designed and manufactured according to the height and the crown width of an infringement living plant, the enclosure space is provided with only one opening, the opening is suitable for pasting a seal strip, and the situation that the enclosed space cannot be opened and the plant placed in the enclosure space cannot be taken out is guaranteed.

The material of the space is not restricted by the material, the shape and specification of the space can be flexibly mastered according to the plant to be proved, but the space is ensured to be transparent and breathable, and the water can be sprayed to the leaf surface of the plant in the space through the pores.

And placing the infringing living plant in a space under the supervision of a third party, and then, attaching a seal, wherein the plant in the space can not be taken out until the seal is taken out under the supervision of the third party when evidence is required.

The enclosed space and the living plants therein can integrally move and adjust the placing place in order to meet the temperature, illumination and the like required by the growth of the living plants in the space.

Detailed Description

1. Design and manufacture of enclosed space

The specification and the material of the enclosed space are as follows: a certain amount of enclosed spaces (which can be in the shape of a cube, a cuboid, a cylinder or a cone and the like) are designed and manufactured according to the size and the number of the obtained living plants, so that all the plants can be placed in the enclosed spaces, and sufficient growth spaces are reserved for the plants. The material for making the enclosed space can be any material with holes, light permeability and air permeability, such as silk screen, plastic and the like, and can meet the requirement of integrally enclosing to form a closed space; this space must satisfy when sealing up except that the strip of paper used for sealing up paste the department and belong to a whole, can't follow the strip of paper used for sealing up paste any part outside the department and open and enclose the space, unless carry out destructive processing, and will lose the value of sealing up like this, can't satisfy the requirement of sealing up, lead to sealing up the depositing failure, judge the sound level of sealing up according to this.

For living physical evidence with small plants, 10 plants can be placed in one enclosed space, and if the plants are 100 plants, 10 enclosed spaces are made. For the living physical evidence with larger plants, only 1 plant can be placed in one enclosed space.

The height of the enclosed space ensures the high growth space of the plants, and the basal area of the enclosed space ensures the reasonable root and crown growth area of the plants according to the reasonable arrangement of the plant number, the plant pot diameter and the crown width placed in the space.

2. Evidence obtaining live plant potted plant

A flowerpot with a drain hole at the bottom is selected, 3-5 cotton strips penetrate through the drain hole, 1/3 cotton strips are arranged in the flowerpot, and 2/3 cotton strips extend out of the flowerpot. Selecting a water-retaining and fertilizer-retaining nutrient medium, planting the living plants in a pot, compacting and watering.

3. Placing the living plant after potted plant in the enclosed space

All potted living plants serving as material evidences are placed in the enclosed space in groups under the supervision of a third party, so that the potted plants are uniformly placed.

4. And sealing and storing, numbering and taking a picture by a third party sealing strip.

5. Enhancing plant water and fertilizer management

In order to ensure the water and fertilizer supply of the plants in the space, besides adopting a mode of spraying water on the leaf surfaces, a water storage container matched with the size of the enclosed space can be prepared additionally according to the water demand condition of the plants (the height of the water storage container is equal to or slightly lower than the height of a plant pot in the space, the purpose is to ensure that the roots of the plants absorb water, and the purpose is to collect water sprayed and dropped on the leaf surfaces), and a certain amount of water and fertilizer solution is injected. The enclosed space is placed in a water storage container, the cotton strip extending out of the bottom of the plant pot in the space is contacted with the water-fertilizer solution in the container, and the plants can absorb water from the bottom through the siphon principle.

6. The enclosed space is properly arranged in a proper environment

The environment suitable for plant growth is selected to be properly arranged in the enclosed space, and the temperature, illumination and ventilation conditions are mainly considered.

7. Pay attention to observe the growth vigor of plants and strengthen the water and fertilizer management

The storage environment is adjusted at any time according to weather changes, the temperature, illumination and water supply required by plant growth are ensured, water and fertilizer management and pest control are enhanced, and the healthy growth of the plants in the material evidence storage period is ensured, so that strong evidence is provided for the administrative enforcement law or judicial lawsuits of new species right.

The embodiments described above are merely illustrative of the preferred embodiments of the present invention and do not limit the spirit and scope of the present invention. Various modifications and alterations of the technical solution of the present invention may be made by anyone skilled in the art without departing from the design concept of the present invention, and fall into the protection scope of the present invention.

Claims

1. A living body preservation method for new plant variety infringement material evidence is characterized in that: the method comprises the following steps:

step (1): designing and manufacturing an integrated enclosure space according to the size and quantity of the obtained living plants;

step (2): taking evidence, namely potting and planting the living plants;

and (3): grouping and placing the potted living plants in an enclosed space;

and (4): third party posts seal, stores, numbers and takes pictures;

and (5): the storage environment is adjusted in due time by observing the growth of the plants.

2. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: the material for manufacturing the enclosed space in the step (1) is not limited by materials, the shape and the specification of the enclosed space can be flexibly mastered according to the plant to be proved, but the enclosed space is ensured to be light-transmitting and breathable, and the plant in the space can be sprayed with water through the pores.

3. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: in the step (1), the space needs to be a whole except the seal sticking position when the sealing is carried out, the enclosed space cannot be opened from any part except the seal sticking position, the sealing value is lost unless destructive treatment is carried out, the sealing requirement cannot be met, the sealing failure is caused, and the integrity of the sealing is judged according to the result.

4. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: in the step (2), a flowerpot with a drain hole at the bottom is selected, and 2/3 absorbent slivers extending out of the flowerpot are placed at the drain hole.

5. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: in the step (2), a water-retaining and fertilizer-retaining nutrient medium is selected, living plants are planted in the pots, and the pots are compacted and watered.

6. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: the potted living plants serving as the material evidence in the step (3) need to be placed in the enclosed space under the supervision of a third party.

7. The method for in vivo preservation of an infringement evidence of a new plant species according to claim 1, characterized in that: and (3) preparing a water storage container (with the height being equal to or slightly lower than the height of the plant pot in the space) matched with the size of the enclosed space according to the actual condition that the plant needs water, placing a certain amount of water-fertilizer solution according to the plant growth requirement, placing the enclosed space in the water storage container, and ensuring that the cotton strip extending out of the bottom of the plant pot in the space is contacted with the water-fertilizer solution in the container.