Research On Intellectual Property Strategy Of Genetically Modified Organism Technology Industry In China

The 21 st century is the era of knowledge economy. Technological innovation is the main force for social progress and economic development. Intellectual property has become an important role of international cooperation and competition in the world. Owing to the fundamental status of agriculture in a country,more and more countries have increased their investment in innovation in the field of agricultural science and technology. Genetically modified organism(GMO) technology is based on molecular biology as the representative of modern agricultural science and technology. The GMO technology has been widely applied in the genetically modified(GM) plants, GM animals, GM microorganisms and other GMO products. As is known, the GMO technology is no longer limited within the boundary of internal science and technology. What’s more, it exerts a very significant influence on the state economic and trade, agricultural production and social life.At present, soybeans, corn, cotton and other twenty-seven kinds of genetically modified crops have been approved for commercial production worldwide. China has approved the rice, cotton, corn, and papaya within seven kinds of transgenic crop safety certificates. Among them, cotton and papaya are approved for commercial cultivation. GMO technology industry has become the focus of global concern, and been an important safeguard of China’s food security and effective participation in international competition. With the development and progress of GMO technology and genetically modified crops for commercial production, it’s inevitably presenting a challenge to the traditional protection of intellectual property rights. On the one hand, technology advances cannot do without protection and support of the intellectual property legal system. On the other hand, the development of GMO technology industry is also inseparable from the guidance and implementation of intellectual property strategies.China promulgated the "Outline of the National Intellectual Property Strategy" in 2008, ranging several macroscopic aspects, such as intellectual property creation, protection, management, utilization and other contents. The Ministry of Agriculture also subsequently issued ―Outline of Agriculture Intellectual Property Strategy Implementation(2010-2020)‖,demanding for improvement of new plant varieties, geographical indications of agricultural products, agricultural patents, trademarks, copyright and other agricultural intellectual property creation, utilization, protection and management capabilities, strengthening technical support for agricultural development to ensure national food security, and promoting the sustained and healthy development of agriculture. Based on current GMO technology and industrial development, we have deficiencies in the industrial intellectual property protection and the practical application. As a result, it is particularly necessary to constitute the own intellectual property strategy of improving GMO technology industry, and ensure its implementation, effectively promote the sustainable development of GMO technology industry in China. For this issue, the research mainly revolves around the following aspects:The first part introduces the basic concepts of the intellectual property strategy of GMO technology industry, including the conception of GMO technology and intellectual property strategy as well as the relationship between both fields. This research briefly describes the basic theory, including the theory of macro-control, market regulation theory, and the theory of balance of interests and sustainable development theory.The second part introduces China’s GMO technology industry development and the status quo of the protection of intellectual property rights. It includes the reason of intellectual property protection of GMO technology industry, the existing GMO technology industry protection of intellectual property law system, as well as the predicament of intellectual property rights of China’s GMO technology industry.The third part mainly studies on the typical countries and regions outside of GMO technology industry intellectual property strategy practice experience in the United States, Europe, Japan and other developed countries and regions of strong protection of intellectual property rights. And this chapter also attaches great importance to the protection of farmers’ rights and interests of specific measures in India, Brazil and other developing countries. Based on foreign institutional experience previously mentioned, it analyzes the enlightenment for the GMO technology industry intellectual property strategy.The fourth part mainly studies on the specific content of the intellectual property strategy of our country’s GMO technology industry. It is necessary to define specific guidance and key requirements within previously mentioned the intellectual property strategy of China’s GMO technology industry, and formulate the principle, target as well as the key content of GMO technology industry intellectual property strategy. On the creation aspect, promote the GMO technology innovation by the strength of protection of intellectual property rights. In utilization, through the layout of intellectual property rights, cultivate core patents, innovations and other measures to strengthen the innovation achievements. In the area of protection, the basis, protect content are involved. In management, it is highly recommended to promote the implementation of the strategy of GMO technology industry intellectual property rights through intellectual property right valuation, strategic evaluation and other effective measures.The last part focuses on the implementation safeguard of the GMO technology industry intellectual property strategy. It is obvious that the support for GMO technology industry policy and legal system, intellectual property management agencies, intellectual property strategy cultural cultivation and talented persons troops construction, etc.