Abstract: UPOV Convention constitutes the basic framework of international protection of international protection of the variety right of new plant variety.The emergence of transgenic technology has put forward a series of new challenges for international protection of the variety right of new plant variety.As a member state of UPOV Convention,China must deal with the challenges,further improving the existing system of protection of variety right in such areas as the conditions and interests distribution of variety right as well as the protection of “farmers rights”,so that the protection of transgenic plants may be strengthened and the sustainable development of China's agriculture promoted.

Key words: transgenic Plants, UPOV Convention, variety right, gene sovereignty