The Research On Patent Law Protection For Genetic Engineering Technology

The rapid development of genetic engineering technology shall require to resolve the question of genetic engineering technology protection by law.Developed nations,with USA,Europe and Japan as their representatives,regard genetic engineering technology as intellectual property right and protect them by patent law. By this way,great interest has been brought to developed countries.Unlike what they do in developed nations,the patent law in China does not protect all the genetic engineering technology.As a result,developed countries crazily snatch gene resource and interest in the world.On the other hand,the weakness of genetic engineering technology protection in China,not only discourage the work on genetic engineering technology,but also slow the step of genetic engineering technology development. We must think over our legal system under this situation.For such reasons,the thesis hopes to give suggestions with regard to genetic engineering technology protection by discussing the relative questions and studying the legal systems of USA,Europe and Japan and other developed countries.The text of this thesis is divided into five chapters.Chapter 1 mainly introduces the knowledge of genetic engineering technology,including content of gene,methods of genetic engineering technology,as well as its development steps and impacts,so as to make the technology clearly understand and facilitate the discussion in the ensuing paragraph.Chapter 2 introduces debates about the gene being earned patent.,The debates focus on two questions:whether gene is finding or invention,and the interest-sharing system,which are fundamental to the implementing of the system. Chapter 3 is about objects of patent right.By making a comparison research on the regulations of USA,EU and Japan,the thesis discuss completely about the objects of patent right relating to genetic engineering technology and forbidden objects of it. Chapter 4 is about the requirements for grant genetic engineering technology patent right.By introducing the requirements set by developed nations,the thesis discuss all the requirements for grant of genetic engineering technology patent right in China. The last chapter is the suggestion for Chinese legal system,which is based on research of the necessity and the defect of genetic engineering technology protection system in China.The thesis is based on the science and study of law,combining with biotechnology and relative subjects.And also make systematic studies on patent law protection for genetic engineering technology by applying the methods of theory analyzing,technology describing,viewpoint citing,contrast analyse on legal system, and so on.