Agro-biotechnology as one of the most representative high-tech, has been an important work on how to protect the intellectual property rights, which could promote technology development and economical development. In this paper, we present the development background of protection of intellectual property rights in agricultural biotechnology, and discuss the status and problems of China’s protection of agricultural biotechnology. Meanwhile, we provide some useful strategies and suggestions to enhance the protection of agro-biotechnology intellectual property rights and promote agriculture science and technology development.