Modern Biotechnology Intellectual Property Rights Protection Studies

The modern biotechnology is an excellent achievement of science and technology developed by mankind, the rational approach by which human beings march from the realm of necessity to the realm of freedom. In the 21st century, under the background of economic integration, trade globalization and information symmetrization, the modern biotechnology intellectual property rights will become a high point in the new round of competition. Agriculture is the primary industry in our country, the premise and basis of national economic standpoint and development. How to lift agricultural competition by modern biotechnology intellectual property right protection is a momentous subject in the fervant competition of international agriculture.Lifting our country agriculture competition is an important target of modern biotechnology intellectual property right protection. And reinforcing modern biotechnology intellectual property right protection of our country is harmony with lifting our country agriculture competition. The most practicable industry of the modern biotechnology intellectual property rights is agriculture, the vast marketplace is the rural area, and the most beneficial person is the underprivileged fanner. Only when taking lifting agriculture competition as the target has modern biotechnology intellectual property right protection clear direction and content. And only when agriculture competition is improved should modern biotechnology protection of the intellectual property rights of our country be advanced.By giving an obligee moderate monopoly, intellectual property rights make the most social benefits resulting from intellectual achievements, which makes it one of the most effective means of promoting the development and innovation of science and technology. Under the law, because modern biotechnology intellectual property right protection relate conflicting legal benefits, such as individual benefit, society benefit, national benefit, it is necessary and important to establish the notion of legal balance in the legislation of reinforcing modern biotechnology property right protection and advancing agriculture competition. Besides, the direction of benefit is the grave problem needed to be considered by relevant legislation. Only effective intellectual property right protection can make development and maturity of modern biotechnology possible, protect the farmers' fundamental interest, and further strengthen agriculture competition in international trades, thus skyrocketing our national comprehensive strength and improving the sustainable development of agriculture. Taking removing a tariff wall, realizing national treatment, fostering integration with the global economy as the purpose, the World Trade Organization (WTO) attaches extreme importance to intellectual property right protection. The WTO legislation has embraced modern biotechnology intellectual property right protection, promoting the development of modern biotechnology by intellectual property right protection, and restricting the impact caused by modem biotechnology by rights limited and green barrier. Under the background of the global economic integration, our country, as a developing country, should consider how to reinforce modern biotechnology intellectual property right protection and lift our country agriculture competition by means of law, and how to defend the overall benefits of the developing countries on the basis of defending national benefit, which should be carefully studied.