The Patent Protection Of Gene Technology In China

Genetic technology, as a newly-emerged technology, has beencarrying great impacts on the world as a whole. The achievement ofgenetic technology should be protected by laws. Patent law protectionwill greatly promote the science and genetic economy development.However, patent law protection also causes lots of questions andinitiates bitter disputes. By researching some fields on patent lawprotection of genetic technology, the document gives some suggestionsto the building of our legal systemon this issue.The text of this thesis is divided into six chapters. Chapter 1mainly introduce the knowledge of genetic technology, includingcontent of gene, methods of genetic technology, as well as itsdevelopment process and impacts, so as to make the technology clearlyunderstand and facilitate the discuss in the ensuing paragraph.Chapter 2 research on whether patent protection should be grantedon gene protection, first introduced the controversy aroused frompatent protection on gene technology, then analyzed the necessity ofpatent protection on gene technology from three aspects.Chapter 3 introduced international developing trend on genepatent protection and the actuality of gene patent protection in China, further analyzed the reason why the actuality of gene patentprotection now is not good.Chapter 4 is about the objects patent right. By making acomparison research on the regulations of USA,EU and Japan, thethesis discuss completely about the objects relating to patent lawprotection of genetic technology.Chapter 5 is about the requirements for grant of patent right ofgenetic technology. By introducing those of developed nations, thethesis then discuss requirements in China.The last chapter is the suggestion on Chinese legal system, weshould study the experiences of advanced legislation and perfectpatent law as soon as possible in order to protect gene technologyand biology resources of China. Also the author thought the presentpatent law also should be adapted in accordance with the genetechnology itself characteristic and development. It is of greatnecessity that the authority takes legislation measures to moderatelyenhance the gene technology patent standard, suitably supplement thepatent law principle, strengthen the gene resources conservation andimprove the genetic technology patent protection unceasingly.