Research On The Legal Regulation Of The Monopoly Of Gene Patent

The biotechnology industry is among the most promising industries and development prospects in the 21 st century.Gene technology is at the heart and core component of biotechnology,and countries have adopted a patented way to protect gene technology.With the expansion of the scope of patent law to adjust the object,more and more objects are incorporated into the patent law and be protected,so the separation and purification of gene sequences have become the object of gene patent.However,due to the inherent characteristics of the gene itself,the process of gene patent development may affect the interests of the interests of the public and the balance between the public,resulting in biomedical,genetically modified crops and other technical and industrial monopoly risks and other social problems.From the perspective of China's current economic and social development,China's economic development model in the transition period,the construction of innovative countries has become the inevitable direction of future development,only by enhancing the competitiveness of science and technology,through science and technology to achieve industrialization,can really Facing the Opportunity and Challenge of Global Economic Integration.Therefore,to encourage and promote scientific and technological innovation will become a key link in China's economic transformation,which means that there is no good legal environment,gene sequences and related gene technology research work is difficult to obtain government and social affirmation,gene patent industrialization process Will be hampered.Therefore,the establishment of a comprehensive patent legal system of genetic technology in-depth study,to improve social public welfare is of major importance.However,if the patentee to abuse the patent to block the market,excluding,limiting competition,it will form a serious hereditary patent monopoly,thus undermining the healthy development of the genomic industry.Gene monopoly cannot be underestimated,how to use anti-monopoly law to regulate the process of gene patent rights in the process of the formation of various monopoly,it is the content to be solved.In line with the characteristics of modern biotechnology,the way the biological economy operates in a variety of ways,in the process of gene production and operation involved in the changes in the market and the state of operation changes,in addition to the traditional way and a new mode of operation The Through the analysis and definition of the concept of gene patent monopoly,this paper analyzes the challenges of gene patent development in the new economic era,and puts forward the concept of gene patent monopoly,and summarizes and deduces the monopoly of gene patent The main form.First,at the stage of gene progress,the instrumental characteristics of gene sequence patents may form a monopoly of gene-patented tool-based monopoly in the innovation market.Secondly,when gene technology continues to develop,in the subsequent research and development and production transactions,Gene technology patents in the technology market has become a traceable goods,which will appear gene patent cluster-type monopoly;Finally,with the gene patent in-depth development and utilization,and gradually form a patented product and its related products,often affect To the development of the gene industry,which is likely to appear gene patent industry monopoly.More than three major forms of gene patent monopoly respectively on the genetic technology research and development of innovative market competition,gene patent trading technology market competition and gene technology industrialization after the gene patent product market competition,resulting in different forms of harm,need to use Targeted different methods to be regulated.In the context of innovation market,the harm of gene patented monopoly is mainly as follows:(1)restricting the basic research and development of genes;(2)restricting competition in the field of gene sequence detection;and(3)restricting the development of gene downstream industry.(2)regulation of gene patent denial of transactions;(3)regulation of gene patent monopoly high price.(3)regulation of gene patent monopoly price;(2)regulation of gene patent denial of transaction;In terms of technology market,the monopoly of gene patent cluster monopoly is as follows:(1)increase the cost of patent acquisition;(2)gather the risk of patent litigation;(3)exclude and restrict the competition of technology market.(2)duplication of patented assets of gene PAEs;(3)antitrust review of the abnormal purchase behavior of gene patents.(3)the establishment and improvement of gene patent aggregation reporting system;From the product market point of view,the genetic patent industry monopoly of the hazards as follows:(1)gene patent to enhance the industry barriers to entry;(2)gene patent monopoly control of a country's industrial structure.Due to the nature of the gene,with the deepening of the use of genomic patents,the monopoly effect will be more intense.(2)the antitrust review of the reverse patent payment agreement for gene patent drugs;(3)the establishment of a monopoly risk prevention and control system for gene industry.This study takes the patent monopoly of the gene as a foothold and starting point.Through the investigation of the legislation system and the legal norm of our country's existing gene patent monopoly,this paper analyzes the monopoly problem in the process of R & D,trading and transformation of the gene technology patent in China,And then through the foreign countries and other countries,regional laws and international conventions,summed up the monopoly of China's patent monopoly of the lack of legal regulation,to build China's patent monopoly system to provide theoretical support.The preliminary conclusion of this paper is the case that the monopoly form of gene patent has a very hidden characteristic and hides the various links in the exercise of gene patent.It has immense influence on destroying the market competition and disrupting the market economic order.Our country should learn from foreign advanced legislation and based on the experience of law,combined with China's actual situation,from the legislative,law enforcement and judicial level to further build and improve our anti-monopoly law on the regulation of gene monopoly system.