Inheritance,Innovation and High-quality Development of Herbaceous Edible Oils in Hubei Province under the Strategy of Strengthening the Country with Intellectual Property

Li GAO,Yuanpeng SUN,Jin ZENG,Jianjun ZHANG,Zhiguo SUN

Hubei University of Science and Technology,Xianning 437100,China

Abstract Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla (perilla seed),cotton,linen and tiger nut (Cyperus esculentus).This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province,and analyzes the main problems of its inheritance,innovation and high-quality development under the strategy of strengthening the country with intellectual property.Finally,it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture,maintaining the biodiversity of crops,strengthening the creation of new plant varieties and breeding patents,and opening up the whole chain of intellectual property rights.

Key words Herbaceous edible oil crops,Vegetable edible oil,Big food concept,Intellectual property right,Hubei Province

1 Introduction

On September 23,2021,theOutlineforBuildingaStrongIntellectualPropertyPower(2021-2035) was issued by central committee and State Council of China.It deployed six key tasks to support the strategy of strengthening the country with intellectual property and set forth strengthening the construction of the system and improving the level of protection,and proposed to build a powerful engine for high-quality development.Cultural heritage intellectual property rights such as biological genetic resources and traditional knowledge promote the inheritance of farming culture,scientific and technological innovation intellectual property rights such as new plant varieties,invention patents and utility model patents support the drive of scientific and technological innovation,and design patents (especially packaging and containers),geographical indications,trademarks and other brand intellectual property rights promote the development of regional branding[1-5].

China’s grain and plant edible oils are still difficult to ensure the safety of the industrial chain and supply chain by self-production alone,and have been highly dependent on imports for many years.According to statistical data of General Administration of Customs of China,the total import volume of edible vegetable oil in China reached 10.39 million t in 2021,making a record high.Setting up the big food concept[6-9],building a diversified food supply system[10],and maintaining the safety of food and vegetable edible oil are the important foundation of national security and social stability,the practice of the overall national security concept[11-12],and the premise of building a strong agricultural country[13]and promoting Chinese-style modernization[14].

China is rich in the herbaceous edible oil crops resources.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops,including rape,peanut,sesame,sunflower,perilla (perilla seed),cotton,linen and tiger nut (Cyperusesculentus),and safflower,etc.Cotton,linen,and marijuana are both fiber and edible oil crops.Perilla and safflower are used as both traditional Chinese medicine and edible oil.Hubei Province is rich in herbaceous edible oil crops resources,and the annual yield of rapeseed,cottonseed,peanut and sesame ranks among the top in the country.Therefore,we study the strategies of inheritance,innovation and high-quality development of herbaceous edible oil crops in the province under the strategy of strengthening the country with intellectual property.

2 Main industries of herbaceous edible oil crops in Hubei Province

In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla (perilla seed),cotton,linen and tiger nut (C.esculentus).Among them,the planting scale of rape,peanut,sesame and cotton is relatively large,and the establishment of national important agricultural product production protection zones for rapeseed and cotton is 1 000 thousand ha,and the 133.33 is 1 000 ha.In 2021,the planting area of rapeseed in Hubei was 1 094.02 thousand ha,which was slightly higher than 1 000 ha of the national important agricultural product production protection area of rapeseed in Hubei Province.Its total yield was 2 517.79 thousand t (Table 1),and the average unit area yield was 2.30 t/ha.The main producing areas of rapeseed are Jingzhou,Huanggang,Jingmen and Xiaogan cities.The ten main production counties in the province are Jianli City,Xiantao City,Shayang County,Gongan County,Tianmen City,Zhongxiang City,Honghu City,Huangmei County,Jiangling County and Xishui County,and there are national advantageous and characteristic industrial clusters of rape in Jianghan Plain of Hubei Province.The peanut planting area in Hubei Province was 244.67 thousand ha,the total yield was 862.67 thousand t (Table 1),and the average yield was 3.53 t/ha.The main peanut producing areas are Xiangyang City,Huanggang City,Xiaogan City and Jingmen City,and the top ten producing counties in the province are Xiangzhou District,Hongan County,Zaoyang City,Macheng City,Dawu County,Tianmen City,Yicheng City,Zhushan County,Huangpi District and Zhongxiang City.The planting area of sesame in the province was 77.34 thousand ha,and its total yield was 130.67 thousand t (Table 1),with an average yield of 1.69 t/ha.The main sesame producing areas are Xiangyang City,Huangshi City,Shiyan City and Huanggang City,and the ten main producing counties in the province are Yangxin County,Xiangzhou District,Daye City,Zaoyang City,Xiantao City,Jiangxia District,Yunxi County,Yunyang District,Songzi City and Zhuxi County.The cotton planting area in Hubei Province was 120.71 thousand ha,which was slightly less than the area of 133.33 thousand ha in the cotton national important agricultural product production and protection area in Hubei Province,and its total yield was 108.88 thousand t (Table 1),with an average yield of 0.90 t/ha.The main cotton producing areas are Jingzhou City,Huanggang City,Xiantao City and Xiaogan City,and the top ten producing counties in the province are Gongan County,Xiantao City,Tianmen City,Songzi City,Jianli City,Xinzhou District,Yicheng City,Shishou City,Huangmei County and Xishui County.

Table 1 Planting area and total yield of herbaceous edible oil crops in Hubei Province

3 Intellectual property resources of herbaceous edible oil crops in Hubei Province

Agricultural intellectual property rights related to herbaceous edible oil crops in Hubei[15-16]mainly include traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.

3.1TraditionalknowledgeThere are abundant traditional knowledge of herbaceous edible oil crops in Hubei Province,including traditional planting techniques of oil crops,traditional land use system and culture,traditional oil production techniques,farming culture,agricultural intangible cultural heritage,time-honored brands,and traditional medical knowledge of perilla.Among them,the provincial intangible cultural heritage includes traditional oil extraction techniques (VIII-23) and oil tea soup production techniques (VIII-35).

3.2BiologicalgeneticresourcesIn addition to rice,maize,soybean and grain and oil crops,there are mainly 8 kinds of biological genetic resources of edible oil herbs in Hubei Province.

(i) Rape.The rape cultivars in China can be generally divided intoBrassicacampestris,BrassicajunceaandBrassicanapus[1-3].In the National Crop Germplasm Resources Sharing Platform,there are 8 505 kinds of rapeseed germplasm resources,including 3 650 kinds ofB.napus(including 91 genetic materials,26 local varieties,2 892 of breeding varieties and 641 kinds of strains),2 809B.campestris(37 genetic materials,2 506 local varieties,243 breeding varieties,and 23 strains),1 858 kinds ofBrassicajunceaCoss.var.gracilisTsen et Lee andBrassicajunceaCoss.var.foliosaBailey (including 22 wild resources,one genetic material,1 485 local varieties,310 selected varieties,46 strains and 14 other varieties),159 kinds ofBrassicacarinataA.Braun (including one local variety,12 strains,and 146 other varieties),and 19 kinds ofBrassicanigraL.According to the Query System of Available Crop Germplasm Resources,the National Oil Crop Germplasm Resources Medium-term Bank (Wuhan) preserves 500 kinds of available rape germplasm resources,including 399 breeding varieties,49 local varieties,51 strains,and one other variety (T26 ofBrassicacarinataA.Braun),including 457 kinds ofB.napus,24 kinds ofB.campestris,18 kinds ofB.junceaandB.junceaCoss.var.foliosaBailey,and oneBrassicacarinataA.Braun.

Hubei is rich in rape biological genetic resources.Since 2005,17 rape varieties,1 leaf rape variety and 9 vegetable rape varieties have been approved by Hubei Provincial Department of Agriculture and Rural Affairs.There are more than 200 national and local rape varieties,mainly ChineseB.campestris.Among them,the main varieties ofB.campestrisare 160 local varieties,mainly Badong White Rape,Badong Local Rape,Badong Alpine Rape,and Badong Wild Rape.B.junceaandBrassicajunceaCoss.var.foliosaBailey mainly include Badong Bitter Rape-1,Hefeng Mustard,Hefeng Bitter Rape,Laifeng Bitter Rape,Laifeng Mawei,Xuanen Bitter Rape,Changyang Spicy Rape and other local variety resources.B.napusmainly includes Muyu Big Rape,Changyang Big Rape and other local varieties.

(ii) Peanut.Peanut (ArachishypogaeaL.) is an annual herb of the genusArachisLinn.in the Leguminosae family.Peanut is suitable for high temperature,dry,warm climate and sandy soil,and originated in Brazil,South America.Peanuts are widely distributed in China,mainly in Shandong,eastern Liaoning,Leizhou Peninsula in Guangdong,Huanghuai River area and coastal hills and sandy areas along the southeast coast,especially in Shandong,Hebei,Henan,and Huaibei areas in Jiangsu and Anhui provinces.

In the National Crop Germplasm Resources Sharing Platform,there are 661 peanut germplasm resources.Among them,there are 657 local varieties and 4 others (Peanut Suoyin,Liuyin,Longhua 163 and Rihua Chaodaguo).

According to theQuerySystemofAvailableCropGermplasmResources,the National Oil Crop Germplasm Resources Medium-term Bank (Wuhan) preserves 500 peanut germplasm resources available for use,including 155 wild resources,47 genetic materials,15 breeding varieties,17 introduced resources,44 local varieties and 222 strains.Hubei is rich in peanut biological genetic resources.Since 2005,Hubei Provincial Department of Agriculture and Rural Affairs has examined and approved 12 peanut varieties.There are mainly more than 40 kinds of local peanut resources,such as Tongcheng local peanut,Tongcheng Peanut 2,Tongshan local peanut,Tongshan Peanut 1,Tongshan Peanut 2,Tongshan Zhujie Peanut,Tongxian small peanut and so on.

(iii) Sesame.Sesame (SesamumindicumL.) is an annual herb of genusSesamumin family Pedaliaceae.It has the characteristics of liking warm and moist environment,drought resistance,cold resistance,fear of waterlogging,heat and humidity intolerance,and high requirements for light,originating in South Africa.Sesame was introduced into the Central Plains from Xinjiang (Western Regions) in the Western Han Dynasty,and is now mainly distributed in the middle and lower reaches of the Yellow River and the Yangtze River,especially in Henan,Hubei,Anhui,Jiangxi,and Hebei provinces.In the National Crop Germplasm Resources Sharing Platform,there are 7111 sesame germplasm resources.Among them,there are 7 kinds of wild resources,6 198 local varieties,302 breeding varieties and 604 strains.

According to theQuerySystemofAvailableCropGermplasmResources,the National Oil Crop Germplasm Resources Medium-term Bank (Wuhan) preserves 200 sesame germplasm resources,including 2 breeding varieties and 198 local varieties.Hubei is rich in biological genetic resources of sesame.Since 2005,13 sesame varieties have been examined and approved by the Hubei Provincial Department of Agriculture and Rural Affairs.There are mainly local variety resources such as Eping Sesame,Wenquan Black Sesame,Xiangzhi No.2 Selection,Xiangheizhi 2078,Zhongzhi 15 and Zhongzhi 27.

(iv) Sunflower.Sunflower (HelianthusannuusL.) is a herbaceous plant of genusHelianthusannuusL.in family Asteraceae.It is native to North America and has the characteristics of warm and cold-resistant,suitable for cold climate,drought-resistant and low soil requirements.Sunflowers were introduced into China in the middle of the Ming Dynasty,and are now distributed in Northeast,Northwest and North China,especially in Inner Mongolia,Xinjiang,Jilin,Liaoning,Heilongjiang,and Shanxi provinces.It can be divided into oil sunflower,edible sunflower and ornamental sunflower according to their uses.

In the National Crop Germplasm Resources Sharing Platform,there are 3 295 sunflower germplasm resources.Among them,there are 15 wild resources,1 357 local varieties,91 breeding varieties and 1 832 strains.According to theQuerySystemofAvailableCropGermplasmResources,sunflower germplasm resources were not preserved in the national crop germplasm resources bank (nursery).

Hubei is rich in sunflower biological genetic resources,mainly including Baokang sunflower-1,Baokang sunflower-2 (RIXRK002028),Baokang sunflower-2 (RIXRK002769),Baokang sunflower-3,Baokang sunflower-4,Enshi sunflower seed,Enshi sunflower,Hubei Academy of Agricultural Sciences investigation 0 A,Xingshan Gaoluozi,Xingshan sunflower seed,Xuan’en sunflower,Yichang sunflower,Zhongying sunflower,Zhushan sunflower,Zhushan small sunflower,Zhuxi big sunflower,Ziqiu sunflower seeds,Zigui sunflower seeds and other local variety resources.

(v) Perilla (perilla seed).Perilla[Perillafrutescens(L.) Britt.],an annual herb belonging to the genusPerillaof the family Labiatae,has the characteristics of warm and humid climate,strong humidity tolerance,strong waterlogging tolerance,drought intolerance and wide adaptability to soil.It originated in China and has been planted for more than 2 000 years.Perilla is widely cultivated all over the country,mainly in Hebei,Henan,Shandong,Shanxi,Jiangsu,Zhejiang,Hubei,Sichuan,Guangdong,Guangxi and other provinces,with abundant wild resources in the south.

The genusPerillaincludes one variety and two variantsP.frutescens(L.) Britt.var.crispaDeane,P.frutescens(L.) Britt.var.acuta(Thunb) Kudo.In the National Crop Germplasm Resources Sharing Platform,there are 537 kinds of perilla germplasm resources.Among them,there are 6 wild resources,5 genetic materials,384 local varieties,2 kinds of breeding varieties and 140 strains.

According to theQuerySystemofAvailableCropGermplasmResources,perilla germplasm resources were not preserved in the national crop germplasm resources bank (nursery).Hubei is rich in wild perilla resources,mainly including Zhuxi perilla,Shennongjia perilla,Baokang perilla,Zigui perilla,Xuan’en perilla,Xianfeng perilla,Xianfeng perilla,Hefeng perilla and other local varieties.

(vi) Cotton.Cotton is an annual herb or perennial shrub of that genu Gossypium of the family Malvaceae,and is divided into four major cultivar species:GossypiumherbaceumL.,GossypiumarboretumL.,GossypiumhirsutumL.,GossypiumbarbadenseL.[17-18].GossypiumarboreumL.belongs to herbaceous plant plant,GossypiumarboretumL.,GossypiumhirsutumL.,GossypiumbarbadenseL.belong to herbaceous plant.

In the National Crop Germplasm Resources Sharing Platform,there are only 153 kinds of cotton germplasm resources,only four series of cotton wild resources,such as Punctatum,Morrilli,Yucatanense and Richmondii.

According to theQuerySystemofAvailableCropGermplasmResources,the National Cotton Germplasm Medium-term Bank (Anyang) preserves 800 kinds of cotton germplasm resources available for use,including 241 breeding varieties,one local variety and 558 strains.

Cotton planting in China is divided into three major cotton areas,namely,the Yangtze River Basin cotton area,the Yellow River Basin cotton area and the northwest inland cotton area.Hubei belongs to the Yangtze River Basin cotton area.In history,G.arboreumwas mainly planted,and now herbaceousG.hirsutumis mainly planted.Hubei Province is rich in biological genetic resources of cotton,especiallyG.hirsutumand Asian cotton (G.arboreum).Since 2005,the Hubei Provincial Department of Agriculture and Rural Affairs has certified 86 cotton varieties,mainly local variety resources such as Gang 0996,Ezhi 5,Emian ZY6,Ekangmian 13 and Chumian 608.

(vii) Linen.Linen (LinumusitatissimumL.) is an annual herb of the genusLinumin famly Linaceae,with the characteristics of cool and humid climate,cold resistance,fear of high temperature,suitable for slightly acidic or neutral soil,originated in the Mediterranean region.According to the use,flax can be divided into three types: oil linen,oil and fiber linen,and fiber linen.Linen was introduced into China in the Qing Dynasty and is now cultivated everywhere,especially in the north and southwest,mainly in Heilongjiang,Xinjiang,Inner Mongolia,Jilin,Liaoning,Shanxi,Shaanxi,Shandong,Hubei,Hunan,Guangdong,Guangxi,Sichuan,Guizhou and Yunnan provinces.

In the National Crop Germplasm Resources Sharing Platform,there are 6 262 kinds of linen germplasm resources.Among them,there are one wild resource,3 427 genetic materials,575 local varieties,349 breeding varieties,1 609 strains and 301 others.

According to theQuerySystemofAvailableCropGermplasmResources,the National Medium-term Bank of Bast Fiber Crop Germplasm Resources (Changsha) preserves 300 kinds of linen germplasm resources available for use,including 249 genetic materials,one breeding variety and 50 strains.There is a certain area of linen planting in Hubei Province,but the resource advantage of linen landraces is not significant.At present,the national local varieties of linen mainly originate from Heilongjiang,Inner Mongolia,Xinjiang and other places.

(viii) Ttiger nut.Tiger nut (Cyperus esculentus var.Sativus Boeckeler) is a perennial herb of the genusCyperusL.in family Cyperaceae.It has the ecological characteristics of warm sunshine,humid climate,drought tolerance,temperature tolerance,barren tolerance,saline-alkali tolerance,strong adaptability and tuber propagation,and is originated in North Africa and the Mediterranean coast.

In the 1960s,China successfully planted tiger nut in Beijing,Inner Mongolia,Liaoning,Guangdong,Guangxi,Fujian,Xinjiang,Gansu and other regions.As a new oil source,tiger nut is listed in theNationalPlantingStructureAdjustmentPlan(2016-2020).

Neither the National Crop Germplasm Resources Sharing Platform nor theQuerySystemofAvailableCropGermplasmResourcespreserves the available tiger nut germplasm resources.The tiger nut planting started not long ago in Hubei Province,the planting area is small,tiger nut biological genetic resources are not rich,only a few tiger nut varieties such as "Zhongyousha No.1".

3.3NewplantvarietiesAmong 8 kinds of herbaceous edible oil crops in Hubei Province,the tiger nut (Cyperusesculentusvar.sativusBoeckeler) was still not included into theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChina,other 7 kinds were included and have implemented the protection of new agricultural plant varieties in China.HelianthusL.is also protected by new varieties of forest and grass plants.

(i) Rape.B.napus,B.juncea,andB.campestriswere separately included into the second,sixth,and tenth of theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon March 7,2000,May 20,2005 and April 16,2016.B.campestrisandB.junceahave not yet been authorized new varieties of national agricultural plants,and Hubei naturally has not obtained new varieties of national agricultural plants of these two types of rape.B.napushas been authorized 306 new agricultural plant varieties with variety owners from 15 provinces including Sichuan,Guizhou,Hubei,Anhui,Hunan,Shaanxi,Zhejiang,Henan,Yunnan,Shanghai,Guangdong,Qinghai,Chongqing and Gansu.Hubei and Anhui tied for the third place in the country,winning 40 new varieties ofB.napusnational agricultural plants (Table 2).

Table 2 New national agricultural plant varieties of Brassica napus obtained by Hubei Province

(ii) Peanut.Peanut was included into the second batch of theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon March 7,2000.It has authorized 336 new varieties of national agricultural plants,and the owners of the varieties belong to 14 provinces,including Henan,Shandong,Guangdong,Hebei,Sichuan,Guangxi,Jiangsu,Anhui,Jilin,Hubei,Fujian,Jiangxi,Beijing and Liaoning.Among them,Hubei and Fujian ranked 10thin China,and only three new agricultural plant varieties of peanut were obtained (Table 3).

Table 3 New national agricultural plant varieties of peanut obtained by Hubei Province

(iii) Sesame.Sesame was included into the seventh of theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon April 21,2008.Only 14 new national agricultural plant varieties of sesame have been authorized,and the variety owners belong to Henan,Hubei,Shandong and Anhui provinces.Hubei and Shandong ranked second in China,and only two new varieties of national agricultural plants of sesame were obtained (Table 4).

Table 4 New national agricultural plant varieties of sesame obtained by Hubei Province

(iv) Sunflower.Sunflower was included into theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon April 16,2016.By now,104 new varieties of agricultural plants have been authorized,and the owners of varieties belong to Inner Mongolia,Beijing,Gansu,Hebei,Jilin,Shanxi,Anhui,Switzerland,Spain and the United Kingdom.However,Hubei has not obtained the national agricultural plant new variety right of sunflower (HelianthusannuusL.) the seventh batch ofListofNewVarietiesofPlantsofthePeople’sRepublicofChina(ForestandGrassPart) on December 8,2020.So far,no new varieties of national forest and grass plants ofHelianthusL.have been authorized,and Hubei has not naturally obtained the right of new varieties of national forest and grass plants ofHelianthusL.

(v) Perilla (Perilla seed).Perilla was included into the eleventh batch ofListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon February 22,2019.So far,no new national agricultural plant varieties of perilla have been authorized,and 22 new national agricultural plant varieties of perilla have been applied for.The owners of the varieties belong to 6 provinces,including Guizhou,Hebei,Fujian,Chongqing,Gansu and Shanghai.However,Hubei has not yet applied for the right of new national agricultural plant varieties of perilla.

(vi) Cotton.Cotton is a kind of herb used for both fiber and edible oil,and cottonseed is one of the main dual-purpose oils.GossypiumL.was included into the sixth batch of theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon May 20,2005.By now,536 new national agricultural plant varieties ofGossypiumL.have been authorized,and the variety owners belong to 16 provinces,including Henan,Xinjiang,Shandong,Hebei,Jiangsu,Hubei,Hunan,Guangdong,Beijing,Anhui,Shanxi,Liaoning,Shaanxi,Sichuan,Zhejiang and Gansu.Among them,Hubei ranked sixth in China,and 21 new varieties of national agricultural plants were obtained (Table 5).

Table 5 New national agricultural plant varieties of Gossypium L. obtained by Hubei Province

(vii) Linen.Linen was included into the sixth batch of theListofNewVarietiesofAgriculturalPlantsofthePeople’sRepublicofChinaon May 20,2005.So far,five new varieties of agricultural plants have been authorized to linen,and the owners of the varieties belong to Gansu and Hunan provinces.However,Hubei has not been granted the right to new varieties of national agricultural plants of linen.

3.4Nationalinventionpatentandnationalutilitymodelpatent(i) Rape and rapeseed oil.Rape and rapeseed oil in Hubei Province have won 3 360 national invention patents and 857 national utility model patents.Among them,383 national invention patents and one national utility model patent were obtained in the field of plant breeding (IPC classification A01H); 1 268 national invention patents and 295 national utility model patents were obtained in the field of agriculture (IPC classification A01); in the field of food (IPC classification A21 and A23),724 national invention patents and 75 national utility model patents were obtained.Rapeseed oil (also known as rapeseed oil) has won 1 075 national invention patents and 238 national utility model patents.

(ii) Peanut and peanut oil.Peanut and peanut oil in Hubei Province have won 3 548 national invention patents and 1 004 national utility model patents.Among them,92 national invention patents and 0 national utility model patent were obtained in the field of plant breeding; 721 national invention patents and 161 national utility model patents were obtained in the field of agriculture; 1 295 national invention patents and 204 national utility model patents were obtained in the field of food.Peanut oil has won 762 national invention patents and 118 national utility model patents.

(iii) Sesame and sesame oil.Sesame and sesame oil in Hubei Province have won 1 691 national invention patents and 371 national utility model patents.Among them,52 national invention patents and 0 national utility model patent were obtained in the field of plant breeding; 170 national invention patents and 34 national utility model patents were obtained in the field of sesame in agriculture; 906 national invention patents and 89 national utility model patents were obtained in the field of food.Sesame oil has won 634 national invention patents and 126 national utility model patents.

(iv) Sunflower and sunflower oil.Sunflower and sunflower oil in Hubei Province have won 774 national invention patents and 145 national utility model patents.Among them,33 national invention patents and 0 national utility model patent were obtained in the field of plant breeding; 107 national invention patents and 13 national utility model patents were obtained in the field of agriculture; 262 national invention patents and 16 national utility model patents were obtained in the field of food.Sunflower seed oil (also known as sunflower oil) has won 384 national invention patents and 26 national utility model patents.

(v) Perilla and perilla seed oil.Perilla oil and perilla seed oil in Hubei Province have won 539 national invention patents and 33 national utility model patents.Among them,3 national invention patents and 0 national utility model patent were obtained in the field of plant breeding; 25 national invention patents and 2 national utility model patents were obtained in the field of agriculture; 199 national invention patents and 4 national utility model patents were obtained in the field of medicine and health (IPC classification A61); it has won 255 national invention patents and 3 national utility model patents in the field of food.Perilla seed oil (also known as perilla oil) has won 116 national invention patents and 3 national utility model patents.

(vi) Cotton and cottonseed oil.Cotton and cottonseed oil in Hubei Province have won 2 852 national invention patents and 1 710 national utility model patents.Among them,188 national invention patents and 4 national utility model patents were obtained in the field of plant breeding; 968 national invention patents and 321 national utility model patents were obtained in the field of agriculture; In the textile field (IPC classification D01,D02,D03,D04,D05,D06 and D07),cotton has obtained 278 national invention patents and 425 national utility model patents; in the food field,cotton has obtained 0 national invention patent and 0 national utility model patent.Cottonseed oil (also known as cotton oil) has won 301 national invention patents and 46 national utility model patents.

(vii) Linen and linen seed oil.Hubei has won 1 474 national invention patents and 407 national utility model patents of linen and linen seed oil.Among them,37 national invention patents and 0 national utility model patent were obtained in the field of plant breeding; 105 national invention patents and 9 national utility model patents were obtained in the field of agriculture; 150 national invention patents and 82 national utility model patents were obtained in the field of textile; 503 national invention patents and 8 national utility model patents were obtained in the field of food.Linen seed oil (also known as linen oil) has won 398 national invention patents and 62 national utility model patents.

(viii) Tiger nut and tiger nut oil.Hubei has won 31 national invention patents and 5 national utility model patents of tiger nut and tiger nut oil.Among them,1 national invention patent and 0 national utility model patent were obtained in the field of plant breeding; 8 national invention patents and 2 national utility model patents were obtained in the field of agriculture; 14 national invention patents and 1 national utility model patent were obtained in the field of food.The tiger nut oil has won 18 national invention patents and 1 national utility model patent.

3.5DesignpatentNational design patents related to herbaceous edible oil crops mainly belong to the international design classification system-the ninth category of packaging and containers in the Locarno Classification system.There are not many national design patents in Hubei herbaceous edible oil crops,including 37,36,29 and 7 national design patents involving sesame,peanut,rape and cotton packaging and containers,and 1 sunflower and 1 tiger nut.The national design patents for packaging and containers in Hubei Province do not involve perilla and linen.

3.6GeographicalindicationsAt present,China’s geographical indication protection system is not perfect.There are three systems: (i) geographical indication products of the China National Intellectual Property Administration; (ii) geographical indication trademarks of the Trademark Office of the China National Intellectual Property Administration; (iii) geographical indications of agricultural products of the Ministry of Agriculture and Rural Affairs[15-16].

(i) Geographical indication products.In addition to rice,maize,and soybean using as grain and oil,there are four main geographical indication products of herbaceous oil in Hubei Province (Table 6).

(ii) Geographical indication trademark.Hubei has 24 geographical indication trademarks of major herbaceous oilseeds (Table 7).

Table 6 Geographical indication products of herbaceous edible oil crops in Hubei Province

Table 7 Geographical indications of herbaceous edible oil crops in Hubei Province

(iii) Geographical indications of agricultural products.There are 7 geographical indications of major herbaceous and oil agricultural products in Hubei Province (Table 8).

Table 8 Geographical indications of herbaceous edible oil crops of agricultural products in Hubei Province

3.7TrademarksThere are four basic types of trademarks registered in the Trademark Office of China National Intellectual Property Administration: ordinary trademarks,collective trademarks,certification marks,and special signs.There are many ordinary trademarks related to herbaceous edible oil crops in Hubei.Special signs refer to the signs used in national or international cultural,educational,scientific research and other social public welfare activities approved by the State Council,not involving the herbaceous edible oil crops of Hubei Province.

In addition to rice,maize,and soybean for using as grain and oil,there are two collective trademarks related to Hubei herbaceous edible oil crops: Suizhou Paopaoqing and Liusheng Tiegan Peanut.There are 22 certified trademarks: Babao Rape,Xiangyang Rapeseed,Maocao Hongcaitai (Registration No.:13833910),Maocao Hongcaitai (Registration No.:14229283),Ehongshan Caitai,Hongshan Caitai,Hongshan Caitai,Zhongxiang Paopaoqing,Xiangyang Rapeseed Oil,Zhongxiang Rapeseed Oil,Dawu Peanut,Hongan Peanut,Shayang Peanut,Xiaocun Hongmi Peanut (Registration No.: 11294236),Xiaocun Hongmi Peanut (Registration No.:11294237),Xiangyang Peanut,Zhongxiang Peanut,Xiangyang Peanut Oil.There are 24 collective trademarks and certification trademarks,all of which are geographical indications (Table 7).

There are 16 well-known trademarks in China: Jiefu,Shendi,Changxiangyuan,Manyicun,Tianzhu,Xisong,Ruyiqing,Graphics (registration No.: 3182631),Fudafang,Tangsao,Renrenkang,Aoxing,Juxiangda,Wanbao,Kongmingcai and Xiangzhiyuan.

4 Main problems in intellectual property protection,inheritance,innovation and development of herbaceous edible oil in Hubei

4.1WeakprotectionandinheritanceofintellectualpropertyrightsofculturalheritageThe protection and inheritance of intellectual property rights of cultural heritage such as biological genetic resources and traditional knowledge related to herbaceous edible oil crops in Hubei are not effective,and the protection of germplasm resources such as wild resources,genetic materials,breeding varieties,introduced resources,inbred lines,local varieties,strains and synthetic populations has not attracted due attention.There are only two provincial intangible cultural heritage projects (VIII-23 and VIII-35),and there are no national intangible cultural heritage,important agricultural cultural heritage in China and the world,and no Hubei and China time-honored brands.

4.2WeakcreativeabilityofintellectualpropertyrightsofscientificandtechnologicalinnovationThere are few new varieties of plants in the herbaceous edible oil crops of Hubei Province,and there are few national invention patents and utility model patents in the whole industry chain,and the creation ability of scientific and technological innovation intellectual property rights such as new varieties of plants,invention patents and utility model patents is weak.

4.3ImperfectprotectionofintellectualpropertyrightsofbrandmarksThe intellectual property protection of national design patents (especially packaging and containers),geographical indications,trademarks and other brand indications related to Hubei herbaceous edible oil crops is imperfect,there are fewer national design patents for packaging and containers,and many famous and high-quality products have not yet implemented geographical indications.The existing geographical indication products,geographical indication trademarks and geographical indications of agricultural products all lack the corresponding national standards for geographical indication products,with only one local standard,GeographicalIndicationProductsDawuPeanut(DB42/T 999-2014).There are few market entities using special geographical indications,no national demonstration zones for the protection of geographical indications products have been established,no Chinese geographical indications protected by the European Union,few regional public trademarks such as collective trademarks and certification trademarks,and few superior trademarks in Hubei Province and well-known trademarks in China.

4.4Thewholechainofintellectualpropertycreation,application,protection,managementandserviceneedstobeopenedThe whole industry chain of herbaceous edible oil crops in Hubei Province has weak ability to create intellectual property rights of cultural heritage,scientific and technological innovation and brand marking,insufficient application,imperfect protection,lagging management and service,and the whole chain of intellectual property rights needs to be opened up.

5 Intellectual property protection,inheritance,innovation and development strategy of herbaceous edible oil in Hubei Province

5.1Carryingforwardandinherittraditionalknowledgeandtraditionalculture,andpromotingtheprojectofinheritanceanddevelopmentofChineseexcellenttraditionalcultureIt is recommended to investigate the traditional knowledge resources of the whole industry chain of herbaceous edible oil crops in Hubei Province,especially the traditional planting techniques,the geographical indications and humanistic factors of traditional famous and excellent specialties (including traditional making techniques),intangible cultural heritage,traditional workshops and old brands,traditional land use system and culture,and farming culture,so as to promote the development of the whole industry chain,as well as traditional medical knowledge such as perilla.Besides,it is recommended to actively apply for national and provincial intangible cultural heritage,China and globally important agricultural cultural heritage,Hubei time-honored brand and Chinese time-honored brand,and promote the integration of traditional knowledge and traditional culture related to herbaceous edible oil crops with rural revitalization,protection of traditional Chinese villages and ethnic villages,and development strategy of traditional Chinese medicine.In addition,Hubei Province should promote and inherit these traditional knowledge and traditional culture,so as to promote the Chinese cultural resources survey project,the agricultural culture inheritance and protection project,the intangible cultural heritage inheritance and development project,the Chinese time-honored brand protection and development project,the traditional Chinese medicine culture promotion project,the Chinese traditional village protection project and other Chinese excellent traditional culture inheritance and development projects,so as to promote the prosperity of rural culture,the promotion of cultural self-confidence and self-improvement,and the creation of new glory of socialist culture.

5.2ProtectingbiologicalgeneticresourcesandmaintainingcropbiodiversityIt is recommended to investigate the biological genetic resources of herbaceous edible oil crops in Hubei Province,collect and sort out the wild resources,genetic materials,breeding varieties,introduced resources,inbred lines,local varieties,strains,synthetic populations and other germplasm resources.Hubei Province should give full play to the protection functions of herbaceous edible oil crops biological genetic resources in national nature reserves,national forest parks,national scenic spots,national geological parks,biodiversity observatories,and Shennongjia National Park,establish national and provincial herbaceous edible oil crops crop germplasm resources banks (nurseries),preserve available germplasm resources,and maintain the biodiversity of herbaceous edible oil crops.

5.3Strengtheningthecreationofnewplantvarietiesandbreedingpatents,andpromotingscientificandtechnologicalinnovationinthefieldof"agriculturalchips"Hubei Province should take advantages of biological genetic resources,set up an innovative platform for the herbaceous edible oil crops of seed industry in the whole province,adopt modern biotechnology,implement the "five major actions" for the revitalization of seed industry,such as the protection and utilization of germplasm resources,the innovation of seed industry,the support of seed enterprises,the promotion of seed industry bases,and the purification of seed industry market,so as to promote the development of seed industry,also focus on the "four links" of modern seed industry upgrading project,such as resource protection,breeding innovation,testing and evaluation,and breeding of improved varieties,to promote scientific and technological innovation in the field of "agricultural chips".

5.4Improvingtheprotectionofgeographicalindications,integratingandcultivatingregionalpublicgoodsbrandsIt is necessary to investigate the resources of famous and special products in the whole industrial chain of Hubei herbaceous edible oil crops,analyze the natural and human factors of their geographical indications,actively apply for geographical indication products with the China National Intellectual Property Administration,register geographical indication collective trademarks and geographical indication certification trademarks with the Trademark Office of China National Intellectual Property Administration,and register geographical indications of agricultural products with the Ministry of Agriculture and Rural Affairs,so as to promote the protection of geographical indications.In addition,it is recommended to establish provincial and municipal local standards and national standards corresponding to geographical indications,encourage market participants within the scope of geographical indications protection to use geographical indications products,geographical indications trademarks and special geographical indications of agricultural products,prepare to build national geographical indications products protection demonstration zones for herbaceous edible oil crops,and establish national geographical indications protection demonstration zones for agricultural product,promote international cooperation in the protection of geographical indications,and integrate and cultivate regional public goods brands with geographical indications as the key link.

5.5Strengtheningtheregistrationofcollectivetrademarksandcertificationtrademarks,andcreatingsuperiortrademarksinHubeiProvinceandwell-knowntrademarksinChinaHubei Province should strengthen the registration of regional public trademarks such as collective trademarks and certification trademarks in the whole industry chain of herbaceous edible oil crops in Hubei Province,especially the collective trademarks and certification trademarks of geographical indications,cultivate regional public trademarks and their brands,and create superior trademarks in Hubei Province and well-known trademarks in China.

5.6OpeningupthewholechainofintellectualpropertyrightsandimprovingthelevelofintellectualpropertyprotectionHubei Province should strengthen the protection of intellectual property rights of cultural heritage,scientific and technological innovation and brand labeling in the whole industrial chain of herbaceous edible oil crops in the province.In addition,it is recommended to promote the level of the whole chain of intellectual property creation,application,protection,management and service,and take agricultural intellectual property rights as the guide of geographical indication industry,rapeseed and cotton national important agricultural product production protection zones,rapeseed national superior characteristic industrial clusters in Jianghan Plain,Hubei Province,and provincial double-low high-quality rapeseed protection zones,to promote the high-quality development of the whole industry of herbaceous edible oil crops.