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Intellectual Propetry Protection Of Biotechnology Industry In China

Posted on:2013-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:D H YuFull Text:PDF
GTID:2246330371480199Subject:Law
Abstract/Summary:PDF Full Text Request
Biotechnology is the main driving force of today’s international scientific andtechnological development, the biotechnology industry has become the focus ofinternational competition; the world attaches great importance to the development andapplication of biotechnology to develop a variety of incentives to promote the rapiddevelopment of biotechnology and the biotechnology industry. The development ofthe biotechnology industry has great strategic significance to solve the main problemfacing humanity such as population, health, food, energy and environment.Based on the biological technology enterprise for Angle of view, this paperexplores the biotechnology industry in the application of knowledge property rightsystem to protect its innovation achievements for the existing problems, and analyzesthe reasons of the existence of these problems. Focusing on the problems ofbiotechnology industry IPR protection on the present stage and put forwardcountermeasures to solve these problems. A lot of people are no stranger to the word"biotechnology", but its real content is not well understood. Biotechnology is the useof advanced scientific and technical means in accordance with the natural sciencesand engineering principles, microorganisms, animals, plants as reactor materials forprocessing to produce products and services for the community to providecomprehensive high-tech. The development of biological technology effectively topromote the expansion of the scale of the biotechnology industry, biological medicine,and biological agriculture is mature with each passing day, biological manufacturing,biological energy, and biological environmental rapid rise. The biotechnologyindustry can not develop without intellectual property protection, to protect ourintellectual property system from multiple perspectives of the biotechnology industry,including biotechnology patent protection, the protection of new plant varieties,trademarks, copyrights, trade secrets. Intellectual property protection system has important strategic significance to the development of China’s biotechnologyindustry.The Chinese Government attaches great importance to intellectual property andother legal issues were involved in the development of biotechnology andbiotechnology industries, and actively improve the relevant legislation, increased lawenforcement of intellectual property rights of property rights. In recent years,biotechnology-related intellectual property legislation gradually improve in China,the biotechnology industry has shown a rapid development momentum. But becausethe legislation of intellectual property started late in China, coupled with biologicaltechnology itself moral color is thick, biotechnology intellectual property legislationfaces a number of challenges. The intellectual property protection system in the areaof biological still faces some urgent problems. First of all, the enterprise as a basicunit of the socio-economic activities has weak awareness in IPR protection itself,some biotechnology companies with a strong awareness of the law, but in the practiceof intellectual property protection, especially in the event of infringement, the rightsprocesses faced with hard evidence, the low amount of compensation problem.Secondly, the low level of legislation of intellectual property on biotechnology inChina, the lack of systematic, operability are the legislative defects of intellectualproperty system on biotechnology of our country. Again, any work are inseparablefrom the people involved, the intellectual property protection for biotechnologyindustry is no exception, the lack of complex intellectual property talent is a keyfactor in restricting the work of IPR protection of biotechnology industry in ourcountry today.The solution to the problem starts from consciousness. Strengthen the awarenessof IPR protection is a priority, for biotechnology companies and the community tostrengthen the biological technology the protection consciousness of intellectualproperty rights, in order to protect its own intellectual property interests, exclusive oftheir intellectual achievements. Our government, as a social management system,should strengthen the relevant legislation in the field of biotechnology, especially thelegislation of intellectual property system to encourage biotechnology innovation.At the same time, we should encourage and support professional intellectual property services institutions, regulating the intellectual property agency service process,providing professional services of intellectual property for the biotechnology researchand development units or enterprises. Intellectual property services agencies shouldstrengthen self-discipline; improve the quality of IP practitioners, appropriate toexpand the scope of intellectual property services. In the long run, the key to theproblem of intellectual property protection of biotechnology industry is thecompound intellectual property talent, talent is an important driving force forindustrial development and social progress, compound intellectual property talent is amajor force in biotechnology intellectual property issues. Finally, the biotechnologyresearch and development units or enterprises should improve their internalintellectual property management system, the specific intellectual property practicework needs an institutional guarantee in order to be seriously implemented, and toprotect the legitimate rights and interests of the creators of intellectual achievementand enjoyment. From consciousness to improve legislation, from personnel trainingto system construction, the intellectual property protection system of biotechnologyindustry can be increasingly mature, the biotechnology can be having a rapid progress,and the biotechnology industry can be achieving leapfrog development.
Keywords/Search Tags:Biotechnology, the Biotechnology Industry, Intellectual Property
PDF Full Text Request
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