Research On The Function Of Government For The Protection Of Agricultural Patent

The government is a state organs that exercises administrative power in accordance with law and responsible for the organization and management of state administrative affairs.Agricultural patent is generated from industries including planting, forestry, animal husbandry, fishery, etc. It consists of patents directly relate to the process of preproduction, production and after service of production. Since China is a big agricultural nation, the production and development of agricultural have an important effect on China’s economic development. As an agricultural science technology that is most highly correlated with agriculture and has the most direct influence on agriculture among agricultural intellectual properties, agricultural patent is the most important guarantee in improving China’s agricultural productivity, upgrading the process of agricultural products, producing high-quality food, raising our international agricultural competitiveness. As a kind of public goods, the protection of agricultural patent needs government to play its leading role to better safeguard the interests of patent owners. For example, issuing guiding policies from national macro-level, establishing protection system for intellectual property, conducting vigorous propaganda for intellectual property law and culture, and promoting the efficiency of patent public administration.Under such a background, this paper carries on research on the function of government for the protection of agricultural patent. I pointed out government’s due role in the protection of agricultural patent and do a study on the current situation by reading papers, collecting and analyzing related data, using the theory of public goods and interest balance. The study found that our government have made some progress in the protection of agricultural patent. For example, The Patent Law and its implementing rules and other laws and regulations have been introduced; The National Programme for Intellectual Property and The Agricultural Programme for Intellectual Property have been successively promulgated; the amount of patent application refer to agriculture is growing each year. On the other hand, agricultural patent also exists many problems such as regional inequality, lack of innovation, low applicant rate and weak law enforcement. All these problems impede government’s protection for agricultural patent. The reasons for above problems have many facets:lack of concrete laws and regulations, weak consciousness of patent protection, imperfect R&D evaluation system, high cost of patent protection, lack of financial support, the structure of patent administration department is unreasonable and shortage of talents and so on. To this issue, for government’s better protecting agricultural patent, this paper put forward some countermeasures and advice, including promoting legal protection for agricultural patent, strengthening the consciousness of intellectual property protection, improving R&D evaluation system, setting up an agricultural patent information center, supporting intermediary service institutions, reforming patent administrative organization and strengthening professionals’construction and so on.