Research On Exhaustion Of Seed Patent Right

The patent law was created in order to protect the legitimate interests of the patentee,the patentee can have a specific period of time in its exclusive right,and later produced the principle of exhaustion of rights,which is to prevent the patentee unreasonable use of its Patent rights,so as to achieve a balance between the interests of the patentee and the social and public interests,in order to prevent the unreasonable protection of the patent right,the normal economic and social order have a negative impact.How to apply the principle of patent exhaustion more reasonable and effective balance of the interests of patentees and parties,has become an important part of the field of patent law research.This paper mainly analyzes the applicable problems in the field of seeds with self-replicating function,analyzes the applicable problems and puts forward solutions.The text of this paper mainly includes three parts:The first part is an analysis of the particularity of the principle of patent depletion applied to the seed field.Firstly,it summarizes the basic contents of the principle of patent exhaustion,including the meaning and function of the principle of patent exhaustion,the implied permissibility theory,the inherent definite theory and the conditions of exhaustion of the rights used to explain the principle of patent exhaustion.And then analyzes the particularity of the seed field from two aspects,including the self-replicating nature of the seed and the special balance of interests faced by the seed industry,including the conflict of interest between the breeder and the peasantry and the conflict of interest between the developed and the developing countries.The second part is the analysis of the application of the principle of patent depletion in the seed field.First,the analysis of self-replicative qualitative problems includes the controversy arising from the manufacture and use of dichotomy and self-replicating qualitative.Second,the impact of the balance of interests on the seed field in the seed field,including the identification of self-replicating behavior in the judiciary and the application of the breeder to restrict the use of the principle of liability.The third part is the solution to the problem of the principle of patent exhaustion in the seed field.First,it discusses the development status and main problems of the seed industry in China,and then discusses the necessity of applying the principle of patent exhaustion in the seed industry,,The first is to elaborate the self-reproduction technology qualitative,theoretically should be a new patented product manufacturing behavior,the second is to protect the patentee's competitiveness from the point of view,and then analysis should be limited to the patentee,To protect the rights of farmers to keep,so that the interests of patentees and farmers to achieve a balance,mainly to discuss the international situation of farmers in the gradual weakening and improve the system of farmers.Then it discusses the revelation of the protection of new Chinese plant varieties,including the analysis of the present situation of Chinese seed industry,the improvement of the patent law of Chinese new plant varieties and the protection of the interests of Chinese farmers.This paper chooses the seeds of patent rights to analyze the application and development of the principle of exhaustion of exhaustion,and analyzes the application of patent rights in the field of seed.It is hoped that this principle will be applied to the seed field significance.