Studies In Protection Of Biotechnological Intellectual Property

Due to the development of biotechnology, the traditional intellectual property system faces a great challenge .This article from the aim of intellectual property , analyse the peculiar problem of biotechnology intellectual property in order to get the balance between the development of biotechnology and protection of intellectual property .In the balance of intellectual property and its shareness of public .I ,theoretically ,analyse the relationship between the ownership of intellectual property and benefit of it for the public from the following points : In the field of intellectual property of biotechnology , there are : rationality of sharing benefit for gene contributor ,the struggle between the developing countries and developed countries about ownership of gene patent ; protection of species of plantation and rights of farmers . In order to balance the benefits of gene creator and gene contributor ,I think the gene contributor should share part of gene patent ,meanwhile ,the achievement of biotechnology should be shared by developing country which offer rich resource of biotechnology . In the area of protection of species of plant the right of farmer ,who breed plant and use plant,should be put on the priority.In the argument between invention and discovery on patent of biotechnology .I ,firstly, take back look at the definition of invention and discovery in practice of patent of biotechnology in western countries . then ,analyse the possibility of putting the result of basic bioresearch into patent .Finally ,draw a conclusion :we should focus on the achievement of research on natural material and gene invention should be patented as long as the material and gene which have been separated and purified have real value .As to the relation of biotechnology and public policy I think when we examine whether the invention of biotechnology has qualified to bepatented, the influence of the biological diversification and the problem of ethics and moral must be highlighted. .In biological diversification I analyse biological balance and safety of biotechnology. Concerning protection of biotechnology intellectual property ,ethnic and moral,my view is that the invention is neither against ethnic and moral nor misused to damage the human's health should be protected while it must be controlled within regulation and law.Lastly ,I ,from the point of real situation in our country,give my suggestion to strength the awareness of protection of biotechnology, to perfect our system of intellectual property ,emphasize benefit and implement the strategy of protection of biotechnological intellectual property comprehensively ,thus benefiting the present policy of protection of biotechnological intellectual property in order to get advantage in the development of hi-technology in 21st century.