Research On Patent Protection Of Transgenic Plants

Along with the rapid development of gene technology, transgenic plants relatedtopics is becoming the focus of attention, especially the protection of the transgenic plants.At present, our country has issued a new plant varieties protection ordinance, through theform of new varieties of gm plants to protect it. But only through the form of new varietiesprotection around gene is not enough, based on the advantages inherent in transgenicplants, the need to obtain a more comprehensive protection of patent protection.This article is divided into three parts. The first part of this paper introduces thepresent situation of transgenic plant protection from the whole. First introduced thegenetically modified plants and demand for genetically modified plants in our country,through the analysis shows that our country great demand to transgenic plants determinesthat we must improve the protection of transgenic plants; And the United States, Japan,Europe is introduced for genetically modified plants protection mode, through thecomparative analysis of the transgenic plant protection in our country is out of the defectsexisting in the current protection of our country. The second part is the focus of this article,analyzes the necessity and feasibility of the transgenic plants of patent protection. On theone hand, from the perspective of compared with the protection of varieties, expounds thenecessary of transgenic plant patent protection. On the other hand, in accordance with theprovisions of the patent law in our country, combining with the patent review guide, etc.,to may hinder the transgenic plants of patentability, analyzes the feasibility of patentgenetically modified (gm) plants. The third part is the idea of genetically modified plantspatent protection system in our country to build. First combined with China’s nationalconditions of the patent protection of genetically modified plants, this article puts forwardthe idea of three stages because in terms of present situation in our country, and also can’timmediately implement the patent protection of genetically modified (gm) plants, need tohave a transitional phase. Secondly, this paper discusses the involved in the process ofbuilding a system of the most basic and most direct solution of problems, namely benefit sharing mechanism of the building.