On The Open Source Model Of The Gene Technology Under The Intellectual Property System

Gene technology is a key basis of biology technology, which analyzes the genes in the biological organisms. It combines the molecular and the genetic engineering technology. The patent law is at present the most common choice for legal protection in the gene technology, which means that the gene technology is admitted and protected by the patent law in various countries around the world. Researches can be stimulated and innovation can be protected according to the patent law. However, the patent law is "open on the basis of monopoly" and this defect is amplified in the gene technology:many basic genetic technologies have been patented, which leads to a "patent jungle" and forms a hard situation for follow-up researchers. In order to solve the difficulties in the gene technology area, the Massachusetts Institute in the United States introduced the "open source" concept into the gene technology with the inspiration from the "open source" computer software field. The open source is on the basis of complying with the intellectual property law and it advocates sharing. Open source model is also based on the patent and it is feasible because that,first of all, open source encourages innovation, which is consistent with the purpose of the intellectual property law; Secondly, the open source model can reduce the cost for communication between developers and thus promoting the exchange of information and resources; Thirdly, the open source can spread the researchers'reputation and this will encourages them to participate in the open source project; Last but not the least, the open source can reduce the business risks,which will attract investors. The open source is a viable business model, and "open " does not mean "no fees".To establish open source community is a choice to realize the open source concept in the field of gene technology. By signing open source public agreement,we can set up innovation groups. In the open source model, on the one hand,the upstream developers'patent will be recognized and protected; On the other hand, downstream researchers are free to obtain gene technology products without asking each authorization of upstream patentees.