The Legal Regulation On Abuse Of Biotechnology Patent

In the21st century, biotechnologies develop more quickly. Ecology, population, environment and difficult problems are closely related to biotechnologies developmen-t and utilization, so more and more countries increase the supports for biotechnologie-s research and development, lay particular stress on the patents protection of biotechnologies, while neglect to the regulation on the abuse of patents rights. Biote-chnologies patents holders have misused their monopolistic advantages on technologies, information to exclude the competition of others and damage good competition order in markets, eventually hinder the technologies progress and economic growth of a country. Therefore further research on the legal regulation on the abuse of patents rights is important for preventing the damage from abuse of patents rights.A biotechnology patent is granted by a patent office to its inventor, and the inventor shall enjoy the rights of exclusive implementation according to law within a certain period of time. The particularity in the field of biotechnologies determine the characteristics of the biotechnologies patents:first, criteria in patents examination are very different because of the difference in technical topics; second, the claims are too broad; third, biotechnologies patents are mainly used for scientific research, not for commercial activities. Out of concern for ethics and morals, experts and scholars dispute on whether the human genes, cloning and other sensitive issues in the biotechnologies can be granted patents. Although biotechnologies patents are important for a country’s economic development, protection of biotechnologies patents is still very uneven in the world. Protection standards are relatively open in the United States, while are relatively stringent in the European. Developing countries’ protection is quite weak because of capitals, technologies and other reasons, so always become victims in biotechnologies patents battles. Developed countries take advantages of their biotechnologies patents to abuse patents in medicine, agricultural fields. It is easy to bring risks, such as ethical and moral risk, monopolizing the source of genetic resources, hindering the further innovation, etc.Ethical and moral theory, economic growth theory, rights limit theory and interests balance theory are the theoretical basis on regulating the abuse of biotechnologies patents. Relevant arrangement in Patent Law, Antitrust Law, Anti-Unfair Competition Law and Contract Law can be used as legal basis on regulating the abuse of biotechnologies patents.At present, our country has not established systematic legislation aimed directly at regulating the abuse of biotechnologies patents. Relevant regulations in Patent Law, Antitrust Law, Anti-Unfair Competition Law and other laws can regulate the abuse of biotechnologies patents to some extent, but there are problems existing in the above laws and be lack of pertinence, as a result, they are not enough to curb the damage from the abuse of biotechnologies patents. Therefore, we need to further perfect the existing rules and add targeted rules in Patent Law, Antitrust Law, Anti-Unfair Competition Law so that regulate the abuse of biotechnologies patents in our country more effectively.