The Human Genome Sequence Information Databases Protection Of Intellectual Property

Gene is the basis of human genetic material, and gene sequence contains all information about the growth and apoptosis of a life. As the rapid development of genetic research, it is important to protect gene research achievements, particularly the intellectual property of human genome sequence information databases as a kind of fundamental research. In current world, the main protection forms of protection include patents, copyright, trade secrets and specific rights, what is more, trade secrets dominate the protection area, but specific rights is is the most reasonable and effective legal protection by far.This article is divided into four parts. The first part is the background of human gene sequence information databases, pointing out that human gene sequence information databases play a great role of genetic research and briefly introducing the classification and characteristics of it.The second part demonstrates the human genome sequence information databases theoretical basis for the legal protection of intellectual property rights, in other words, the possibility and necessity of intellectual property protection.The third part analyses the four ways of patent protection, trade secrets, copyright protection and specific rights protection, and their advantages and shortcomings for protecting the human gene sequence information. This part specially presents the way of specific rights protection, describes this emerging model of database rights protection and its develepment in the United States, European Union, World Intellectual Property Organization.The fourth part describes the protection status in China, pointing out that the lack of protection way of specific rights, and proposing the improvement scheme of the human genome sequence information databases for protection of intellectual property rights. This part attempts to build the best model of datebases protection for the human genome sequence information protection. Then on basis of analyzing differences of the primary and the secondary databases, this part proposes the viewpoint ---classification of protection, putting the primary database into public domain to get benefits for the flow and sharing of data and giving the secondary database special privileges in order to establish a reasonable incentive system, which is more conducive to the sound develepment of human genome sequence information.