Genetic Engineering Technology, Intellectual Property Protection Study

Gene engineering technology have undergone unprecedented development and made profound impacts on science & technology development, social advancements and economic growth, it have wide applications in the fields of agriculture, pharmacy& health, environmental protection and so on. Especially with the development of economic globalization, intellectual property right protection system of our country to the vigorous gene engineering is confronted with challenges. After the comparative analysis of the current view and practice at home and abroad, this paper put forward the direction and the detail mode of structuring the system of intellectual property right for gene engineering technology. The perfect intellectual property protection system can offer the system guarantee for the fact that our country in the invincible position in the future. This thesis is composed of introduction, main-body and conclusion. The introduction has mainly introduced the research background, research object, research approach and the direction of research. The last part sums up the thesis and makes some conclusions. The main-body is divided into three chapters, which is a focal point of this thesis. In chapter one, from the angles of law philosophy and utility, the necessity of intellectual property right to gene engineering technology is got. So, the mode of relying mainly on patent protection while making other forms subsidiary seems more essential and more urgent for future biological century. Chapter two and chapter three are the main part of this mode, which is the discussion of the detail mode of intellectual property protection of gene engineering technology. Because of the strong encouragement function of patent protection, and historical reason, the intellectual property protection of biotechnology has taken patent as the core all the time, meanwhile, with the development of gene engineering, the genetically modified animals and plants develop rapidly, which have exerted an enormous influence on the life of economic development and people. So in this mode, the patent right and variety right protection have mainly introduced, and other form is introduced slightly. In chapter two, the situation of patent right and variety right are introduced firstly. In this part, the patent protections of approaches, products and the gene itself are discussed. At present, the approaches and products (except for genetically modified animals and plants), are included in the patent law, so the patent of gene itself is discussed mainly. To the patent of the gene itself, there is the dispute of scientific discovery and invent. The current patent law of most countries including our country excludes it. But the author analyses further the reasons of scientific discovery outside the scope of patent protection and the technological characteristics of gene engineering, and then offers that natural gene sequence given patent protection can meet legislative purpose of patent law greatly, and legislative original intention of the patent law. At the same time , the gene sequence accords with characteristics of the patent which is novelty, creativity and practicability. So the conclusion is got that in the field of gene engineering technology, the clause of the scientific discovery not awarded patent is unreasonable. According to this, the author has put forward the view that the current patent law should be revised to adapt the situation of gene engineering technology, and gene sequence has patentability. Owing that the genetically modified animals and plants variety can meet the needs of repeatability, practicability, and fully disclosure with required patent law, the current patent law should be perfected. The genetically modified animals and plants variety should be brought within the object of patent protection, and all the genetically modified plants canbe included in the catalogue of plant new variety protection. The technological secret protection of gene engineering is introduced in Chapter three. At present, gene engineering technology is pro...