The Study On Patent Protection In Genetic Engineering

Gene engineering, a burgeoning industry, is raising a profound revolution in this bio-economics world. It needs effective legal protection like many other new-born techniques. Based on many lawmaking practices in various countries, gene engineering patent is a best protective method which stimulates its development and application. By introducing the theoretical issues and studying the legislation practices in domestic and abroad, this essay put forward advices on patent legislation in gene engineering.The first part of this four-part essay focuses on theoretical basis of gene engineering patent protection. It begins with elementary definition and features of gene engineering, followed by the necessity of gene engineering patent protection, and then discussed the theatrical controversy on patentability of gene engineering with emphasis and analysis of gene, gene techniques and other gene products. The disputed viewpoints of "Invention and discovery" are expounded in this essay. After deep and comprehensive analysis, the author concludes the essences of patent protection in gene engineering which is the "three features of patent protection".Part two is about the investigation of foreign country and international legislation of gene engineering patent protection. Through comparative research on legal regime of Genet engineering patent protection in developed countries such as USA, Europe, Japan, and so on. It mainly studies on the foreign legalization from the stipulation of the patentability of gene and also from stipulations within power scope. Then it carries on the elaboration regarding the stipulation of genetic engineering patent protection in international legislation, mainly introducing several important international conventions about stipulations of gene engineering patent. It also discussed the established international patent benefit sharing mechanism of gene engineering.The third part discusses the insufficiency of patent protection study in gene engineering. By analysis current situation of gene engineering patent protection, the author discussed the institutional insufficient in China from four levels. First level, lag behind legislation, no patent protection of gene engineering; second level, unclear definition, no defined scope of patent protection; third level, vague criteria, no detail investigate criteria; fourth level, prevailing biological pilferage, unbalanced interests. The last part gives suggestions on how to complete the patent legislation in gene engineering. It can also be viewed from four levels. First level, it's to complete legislation of gene engineering patent protection via amendment of The Patent Law in force and legislative interpretation, and accelerate the research to the formulation of a specified gene engineering protection and jus singular besides regulations. It also point out the formulation of jus singular is a long term task, full of challenges. In the second level, the author defines the scope of patent protection in gene engineering by analysis of protection scope and defining criteria, providing suggestions on concrete defined scope of gene engineering patent protection. The third level is to establish explicit and substantial censorship, being serious with practical censorship from fundamental realities of the country and analyze the criteria of the suitable and applicable patent censorship in gene engineering. The last level is to legalize benefit distribution of patent protection, strengthen the disclosure system to avoid biological pilferage.