Research On Gene Patent

Gene patent consist of the patent of gene alignment and the patent of gene technology .It appeared following the development of faculty and science thirty years ago. Although it is not so long from its birth, it is so fast. From 1974 when the first gene patent was acquired to gene works powers all the areas of patent, changed with each passing day. Correspondingly the West Country has a good complexion in gene patent realm, but in our country it is so quiet here, the discuss is also few. There is some reasons what let us be quiet, but principal developed countries are seizing gene resource putting to use the means of gene patent. What we will do is thinking about how to use this means to open out the resource of our country and protect our benefits. The purpose of this article is to discuss and study theory deeply based on the former idea and united with the foreign legislation and doctrine. also the paper try to put forward some immature idea and expect to perfect the theory of the gene legislation .this article consists of four parts in total. Part one The feature of gene alignment being earned patent Gene as well as gene alignment, it refer to the alkali arrangement of DNA which decides bequeath of life, it is to say that gene is DNA alignment with the message of bequeath. The motif of gene patent is the gene patent itself .but in its development there is so much discuss on feature of gene alignment be earned patent, especially it goes by so long road in USA and Europe, ultimately the extensive benefits space lets the legislation has negotiation on invent or discovery . During the exploration of conditions of gene alignment being earned patent, it can be conferred patent when we assumpt exacting censorship on the utility. It came true till 2001 in China, in the conditions of the situation in the world and in need of protecting our industry rights. Part two The arguments of the gene technology being earned patent Gene technology is to fabricate nucleus acid molecule (by all means from cell) in all virus, germ or other attach(molecule),the new substantial with bequeath come into being, let them into some substantial without these molecule and propagate steadily. n the other words, it is to manipulate the gene of DNA molecule according your device to comprise new gene group, then take it into cell ,come to new life with some new bequeath. we can apply gene technology in agriculture ,drug producing, energy, medicine, environmental protection and so on. It is definitely that so much technology can be earned patent. But whether or not the same to trans gene life, there is so much disputes on legislation, here is antithesis in Europe and USA. The reason is not on the difference of theory, but on the difference of reality and tradition of legislation. our legislation on trans gene life is following the model of Europe, fixing with country reality .we may prepare on every aspect for the tendency of future. Part three The confines and the not of gene patent Gene patent confines: gene technology, gene alignment, trans gene microorganism, trans gene life, gene product. antithesisincluding :methodology of clone being and changing the generation of people, employ the embryo of people ,change animal bequeath, discover the gene alignment ,use gene to remedy for purpose of business ,industry or getting benefits. the confines and not of gene patent are different on practice, for instance, trans gene animal and plant can be earned patent on American patent law, but they think that only trans gene animal can be earned patent in Europe, trans gene plant can be protected only as new plant species, it is not right on law theory, but because of accordance and passing of law system, so trans gene animal and plant may be earned patent on theory. Part four The benefits unbalanced and adjustment fomented by gene patent On patent realm, the benefits space of gene patent is so broad that there is not any patent fighting off that, the large benefits let west developed countries seize precious gene resource on the all world scope. Because of the developing countries'little population and handful exploity of resource, there is so much valuable gene resource. Towards the developed west countries with developed law, they who have large valuable gene resource with bad law system give the robber chance to seize them. They can get any valuable gene expending nothing. This action fix poor countries eyes on it, they need have them own benefits, but how need any means of law and politics. On the law layer, I think that we ought to build the sovereignty of resource to protect gene treasury and allot benefits. If gene patent make serious unbalance between countries, then on...