Intellectual Property Protection. From The Monsanto Vs.schemeiser Case Analysis Of Genetically Modified Crops

Especially in the field of intellectual property, GM crops in China are still brand new thing. Compared with other traditional crops, As result of using advanced GM technology, GM crops have characteristics such as insect-resistant genes and herbicide resistance genes which are advantages of increasing food production and reducing the cost of pest control. GM crops have made GM technology becoming China's focus on the development of bio-technology and also are the object of legal protection of intellectual property. However, compared with Europe and the United States and other developed countries, China's legal system of intellectual property protection on genetically modified crops is obviously insufficient. Meanwhile, In order to ensure the legal system of the protection of intellectual property rights of genetically modified crops in the effective implementation, a series of related systems outside the field of intellectual property in China has also been established, and they also have a lot of urgent need for improvement.This thesis is divided into three chapters, with introduction of a case, analyzes problems in the legal system of protection on intellectual property of GM Crops, especially on illuminating of the legal application of intellectual property protection on GM Crops, farmer's rights protection and the protection of plant genetic resources. Considering of the actual situation in our country, this thesis suggests how to establish the legal system of intellectual property on GM crops, and points out the insufficiencies and amendments in other related systems finally.Chapter One proposes the issues of protection on intellectual property of GM crops by quoting the case of Monsanto vs. Schemeiser,and indicates application of law for protection on intellectual property of GM crops, protection of farmer's rights and protection of plant genetic resources.Chapter Two analyzes the issues raised in Chapter One, elaborates the circumstances for the application of law on protection on intellectual property of GM crops in Occident and China in detail and the difference of application for the intellectual property of GM crops between Plant Variety Protection Law and Paten Law. This chapter emphasizes the seed right of farmer and genetic pollution causing farmers bearing tort liability. Finally, the author analyzes the issue of biotech companies robber plant genetic resources by paten right, and elaborates the significance of plant genetic resources.Chapter Three is the suggestion of protection on intellectual property of GM crops in our country, including how to establish the legal system of protection on intellectual property of GM crops and how to complete other related system of protection on intellectual property of GM crops. Especially on the current situation which our country is no perfect laws and regulations to protect the intellectual property of GM crops basically, this chapter proposes that problems and recommendations among plant variety protection law, paten law and other intellectual property law. Finally, by choosing some important system, the author analyzes and indicates the insufficiencies and amendments in amount of other related system.