Study On Patent Protection Of Biotechnology From The Perspective Of Ethics

“The 21 st century is the epoch of biotechnology.”After the information industry,the biotechnology industry will become the higher point of the competition in the world of economic integration and trade globalization.The 13 th Five-Year Plan also emphasizes the strategic position of developing the biological industry.The biological industry is increasingly becoming the leading role of strategic emerging industries in China,and it plays an important role in adjusting economic structure,realizing technological progress and social development.Based on the comprehensive background of Marxism and the practice of legal system in contemporary China,this paper examines the protection of biotechnology patents from the perspective of Marxism ethics,including two aspects: first,based on the ethics of development,the protection of biotechnology patents is justified.The great prospect of the biotechnology industry will profoundly change the human's life and the world economy.The strategic position of the future economic and social development is becoming more and more prominent.It has becoming an important element of the strategic resources and international competitiveness of the national development.For the construction of an innovative country,it's also an important support.Only by implementing the full and effective protection of patent rights can we promote the innovative incentive mechanism to play a better role.Second,based on human rights ethics and social justice,the ethical restriction of biotechnology patent protection is reasonable.Patent protection of biotechnology is accompanied by negative effects in promoting the development of biotechnology,and the patent protection of biotechnology can't be absolutization or sanctification.A reasonable limit must be required.On the issue of patent protection of biotechnology,we should respect international principles,draw lessons from foreign protection practices,and closely relate to the actual situation of our country.Guided by scientific and technological ethics of Marxism,the achievements of China's theory,in view of the objective problems in China's protection,we should take social justice,human rights ethics and sustainable development as the ethical guidance,attach importance to the ethical limitations of the protection of biotechnology patents,and make scientific and technological progress truly serve the progress and development of human beings.In conclusion,this article on the basis of biological technology and combining with the inevitability of patent,from the perspective of ethics,analysis of the current technology of the reality of the problems in the process of patent protection,in order to biological technology in China put forward concrete Suggestions for perfecting the patent protection.The thesis is discussed from five aspects,the first part is the introduction,including the purpose and significance of the topic,the research status at home and abroad.Secondly,the basic content and main ethics of biotechnology patent are expounded,and the necessity and ethical basis of the patent protection of biotechnology are demonstrated.Thirdly,it is about the present situation of biotechnology patent protection in China,problems and biotechnology patent protection caused by the analysis of the ethical crisis,including the basic human rights,interests balance,the ecological environment and the reality of national economic sovereignty conflict.Fourthly,by analyze the current situation of the protection of biotechnology patents in the international community and some developed countries,aiming at providing reference for the improvement of Chinese biotechnology patent system.Fifth,on the basis of the previous article,further demonstrates the necessity of the protection of biotechnology patents and the rationality of ethical restrictions,and further enriches the principle of fairness,respect,balance of interests and non injury principles that should be followed in the protection of biotechnology patents,And this paper further proposes the principle of prohibiting the abuse of rights.Finally,specific suggestions on patent protection of biotechnology in China are put forward,including improving the legal system and ethical review mechanism of biotechnology patents.