The Research On Legal Issuses Of Industrialization Of Genetically Engineered Crops

Genetically modified crops is an important content of modern biological technology, which has brought great changes to modern agriculture and an unprecedented problems to existing legal system. With the development of the industry of genetically modified crops, more and more problems have been exposed. For example, how to protect intellectual property rights of genetically engineered crops? How to protect the national crop genetic resources? How to guarantee the safety of transgenic crops? In face of this kind of change, how should we adjust current legal system for promoting steady progress of industry of genetically engineered crops? This article was just expanded based on such background.This article puts forward proposals for constructing a intact legal protection system of genetically modified crops through mainly adopting literature method and the method of comparative analysis and combining with the knowledge relating to agricultural science.This article is divided into five parts in addition to preface.The first part defines concepts relating to genetically modified crops, analyses the development, technical basis and industry characteristics of genetically modified crops for taking as basis of analysis below;The second part analyses prebloems the genetically engineered crops brought to present legal system, puts forward three questions through the analysis,conclusion and integration, namely, question of intellectual property protection of genetically engineered crops, question of genetic resources protection and benefit sharing of genetically modified crops, and question of safety management of genetically engineered crops. These three questions are core questions most need to solve constitutes in the process of the industrialization of genetically engineered crops;The third part, based on ideas and the three problems of the second part, introduces and analyses intellectual property protection system of the genetically engineered crops of the United States, the European Union and Japan, genetic resources protection and benefit sharing system of Brazil and India, safety management system of genetically engineered crops, and then concludes experience and enlightenmentThe fourth part, still according to the sturcture in the third part, analyses existing Chinese legal system concerning genetically modified crops and points out questions.The fifth part, based on study and analysis hereinabove, uses legal system abroad for reference and puts forward basic legislation standpoint about industrialization of genetically modified crops and concrete system proposal.