Research On Transgenic Animal Patent

Just like information technology, biotechnology is about to open up a new era forthe development of human society, and the biotechnology industry will become thepillar industry of the new century. The development of biotechnology brings aboutnew opportunities and challenges for the economic development of various countries,and at the same time, it brings about new challenges to the national intellectualproperty legislation. Transgenic technology is an important part of the biotechnology,the intellectual property protection of its productions, GMOS, has been he focus ofscholars and practitioners controversial. After transgenic micro-organisms beingdetermined to be protected by patent system, and genetically modified plants to beprotected by rights of new plant varieties, a hot discussion on patent protection forgenetically modified plants was set off. When patent protection on transgenic plantsaccepted soon, discussion on patent protection of transgenic animals is already tohappen. In China, the protection of intellectual property rights on transgenic animal isalmost a blank, which obviously is a dereliction of intellectual property law, isinjustice to the producer, and relative to the plants and micro-organisms, it is “unfair”for the animals, too.Against this background, this article is prepared to introduce the background anddevelopment situation of animal transgenic technology, and the prospects of itsapplication in the agriculture, animal husbandry, and the pharmaceutical industry, toexplain legitimacy and urgency of the protection of intellectual property rights ontransgenic animals, and on this basis, try to analysis the pattern and potencydimension of protection about intellectual property rights on transgenic animals. Inorder to enrich our transgenic animal patent protection theory, and offer inspiredthinking for legislative practice. Herein, specific configuration is as follows:The first part collates the related technical concepts of the transferred genetechnology and genetically modified animals, and then introduces the status oftransgenic animal research and its application, to make readers understand thetechnology background of this article. At the same time, it introduces the urgency ofthe protection of intellectual property rights on transgenic animals.The second part analyses different attitude to genetically modified animal in US,Europe and Canada such three representative countries, to show the threerepresentative attitude to method, individual animal and animal variety patent of the worldThe third part, on the basis of different attitude to genetically modified animal,introduces the disputes caused by the issues, and emphatically expounds the author’sview;The fourth part, on the basis of the conclusion that transgenic animals arepantentable, going on analyzing the scope of transgenic animals patent. Focuses onanimals complexity as patent object, and how to control the scale and problemsshould be paid attention to theses two issues;The fifth part, introduces the current relevant legislation, transgenic animaltechnology development and industrialization capabilities, the problems will be facedif grant batent to transgenic animals. And on this basis, put forward China’slegisiative proposals: with the improvement of biological technology and biologicalindustrialization levels gradually let go patent protection of transgenic animal individuals andtransgenic animal varieties, and pay attention to in the legislation in reasonable delimit the scopeof animal species, establishing transgenic animal patent classification mechanism, increase thespecial examination and approval procedures and protective measures, combined with theprotection of genetic resources four aspects.Among the above, the third, fourth and fifth part are the focal points of the paper.