林木新品种保护的特殊性、困难性及其对策

林木新品种保护具有不同于一般植物的特殊性:（1）林木新品种都经过了多点多年测定，形式多样，多数能无性繁殖；（2）一致性具有相对性，独特性和稳定性标准不能太高；（3）育种者通常来自多个单位，使用者中农民占的比例较小。当前实施林木新品种保护存在许多困难:（1）对林木新品种的重要性认识不足，（2）林木新品种缺乏自我保护机制；（3）育种者的确定及其权利分配难以协调；（4）DUS测试规模大、时间长、耗资多、标准难以确定。为完善我国林木新品种保护制度，提出了如下对策:（1）加强并完善相应的组织机构建设，加大林木新品种保护的宣传力度；（2）分期分批将所有的造林树种纳入林木新品种保护名单；（3）建立并完善林木新品种保护的申请和审查制度；（4）建立维护育种者权益的行政机制。

Specialties, Difficulties and Countermeasures on Protecting Forest Tree New Varieties

Compared with the other plants, forest tree new variety protection has much specialties:(1)large scale multi-site field tests must be included in the process of almost all forest tree breeding, forest tree new varieties have various kinds of forms and most of them have the capacity of vegetative propagation;(2)the most similar check variety required in DUS test maybe does not exist or can not be easily found sometimes, the uniformity or homogeneity is relative with two limits as upper and lower, and the criteria of distinctness and stability must be moderate;(3)breeders include many researchers from many different institutions, organizations and other cooperators, while users also include many different state-owned and collective units but less proportion of farmers. There are more difficulties in conducting forest tree new variety protection:(1)insufficient understanding on the importance of protecting forest tree new varieties exists in many aspects;(2)forest tree new varieties lack of self-protection system;(3)it is difficult to determine main breeders and to coordinate rights among many breeders;(4)DUS test needs large scale, long time and enough financial support,and its criteria is difficult to define.To deal with such difficulties above and promote establishment and improvement of the system on protecting forest tree new varieties in China, some suggestions are proposed as follows:(1)strengthen and improve relative organization construction, and enlarge propaganda on protecting forest tree new varieties;(2)all forest tree species must be covered in the list of protection by stages and groups;(3)establish and improve the systems of application and examination on protecting forest tree new varieties;(4)establish the administrative system for protecting forest tree breeder's rights.