Study On The International Protection Of Bio-technology Intellectual Property

To face the challenging of the current population, food, resources, environment and other major issues, human hope to use the life-science, which is the oriented knowledge innovation to solve it. Therefore, the international protection development strategy of biotechnology will be a very prominent position. In the world-wide circulation, the United States and other developed countries give the early implementation of the legal protection of intellectual property in the field of biotechnology. With the system of intellectual property protection of biotechnology established, these countries'biotechnology innovation increased greatly. And the development of modern agriculture, modern medicine and the environment, energy, materials, and the other fields were promoted, too. So these countries could get economic benefits in the international trade and technological exchanges.However, with the international protection of bio-technology penetrated deeply, life sciences brought benefits to mankind, but also triggered a series of theoretical issues, social issues and related disputes. Such as the dispute of inventions and discoveries about the patent protection of bio-technology, the issues of bio-technological inventions could be patented or not, the conflict among bio-technology, bio-safety and bio-diversity; the conflicts of interest between developed and developing countries caused by intellectual property protection of bio-technology, etc. These series of questions guide me to research the international protection of bio-technology, and led to the contemplation about China's intellectual property protection of bio-technology. This paper will study the four parts to the international protection of bio-technology issues.The first chapter is about bio-technology international intellectual property protection on the reality. This chapter is divided into three sections, they are basic concept of the introduction of bio-technology, the study of international convention on the provisions of bio-technology, and the protection of bio-technology in the United States and the European Union. Bio-technology is a cutting-edge technology based by life science, which include four aspects: genetic engineering, cell engineering, protein and enzyme engineering and fermentation engineering, and it has high-tech nature, complexity, risk and some other characteristics. Because of bio-technology covers a wide and deep influence, the international community has attached a great importance of bio-technology. With the development of bio-technology, a series of protections such as "Convention on Biological Diversity," "International Convention on the Protection of New Varieties of Plants" and "Cartagena Protocol on Bio-safety" have been arisen. At the same time, the world has stepped up efforts in protecting bio-technology. This article takes the case of the United States and the European Union. With the basic introduction and understanding of bio-technology, we can correctly understand the development trends of international protection on bio-technology, which makes a great significance for establishing and improving relevant systems in China .The second chapter is on the issues of theory about international intellectual property protection of bio-technology. This chapter recommends the issue about the inventions and the discoveries of patent protection, and the bio-technology inventions can be patented or not. These two parts illustrate the important role of the protection of intellectual property in bio-technology. In the patent law, inventions and discoveries are both in the theory concept defining and the division of patentable or not is clear. But in the field of bio-technology, inventions and discoveries are blurred. The traditional system has been challenged here. Section one of this chapter has discussed this issue. On patent protection for bio-technological inventions is divided into three types of inventions, they are the inventions of bio-technological methods, the inventions of bio-technology products and the inventions of biotechnology applications. And these three types of inventions also have different contents. Section two of this chapter introduces the patent issues of different types of bio-technological inventions, and the different contents. This will help us grasp the protection rules of biotechnology in terms of system, and establish a comprehensive system of protection and seek to biotechnology in patent law within the framework of full protection.The third chapter is on the international intellectual property protection practice of bio-technology. This chapter emphasizes that it should be more considered of "natures" about bio-technology, they are: novelty, creativity and practicality, when bio-technology is given the patent protection. And we should dilute the controversy of the inventions and discoveries. In addition, full attentions should be taken to the double effects to bio-diversity and bio-security with the development of bio-technology. This chapter emphasizes that bio-technology should be placed under the protection and constraints of intellectual property to eliminate the potential threat to bio-diversity and the biological safety by the bio-technology, while paying attention to economic benefits brought by bio-technology. And we also should promote the common development of these three parts.On the conflict of interest between developed and developing countries which is caused by intellectual property rights protection on bio-technology, this chapter emphasizes that we should focus on long-term development, and adhere to the principles of international cooperation, strengthen South-North exchanges and cooperation and promote the benefit-sharing of economic interests.The fourth chapter is on China's protection of intellectual property about bio-technology. This chapter is based on our national conditions, and analyzes China's current situation and problems of intellectual property protection of bio-technology. China's intellectual property protection of bio-technology can be divided into micro-organisms, plants and animals three aspects, however, the protection system in China has been not formed a certain system, and most remain in the system level, and the protection is insufficient. Over time this situation will affect the further development of bio-technology. In this regard, this chapter emphasizes that we should promote intellectual property protection on bio-technology by the follow ways: improving the intellectual property legislation, and coordinating the relations among bio-technology, bio-diversity and bio-security, and giving full considerations to the current environmental situation. Thus we should promote the economic development orderly.