Research On Patent Protection Of Genetically Modified Plants In China

Since Watson and Crick found double helix structure about gene in 1953,human beings constantly produce a variety of products through genetically modified methods,which that could not be produced quickly through traditional means,such as penicillin,insulin,so that modern human quality of life and medical standards significantly improved.The 21st century is also known as the era of life sciences.But it is too rapidly to develop the method which called "beyond God's creation1",only a few decades,the update speed of genetic science product grow faster than laws and moral which regulate it.There is no supporting norms to restrict the new era of life science and it break the original social norms.patent law of China does not provide for the patent rights of genetically modified plant varieties,most of the GMO plants is protecting by their production methods,this right extending to the protection of plant varieties.But this protection is indirect and incomplete.Now,many countries such as Europe and the United States get to the monopoly position in agricultural products(such as genetically modified corn,etc.),in the fierce competition.Thence,build a targeted patent system of genetically modified plants will be no doubt to get the top in the fierce competition for China.This article is divided into three parts.The first part introduces the concept of transgenic technology and transgenic plants,and briefly introduces the protection model of the intellectual achievements of transgenic plants currently in China.And we introduce and analysis the modern of patent protection of transgenic plants to draw on foreign experience.The second part of this paper analyzes the necessity and possibility of patents for genetically modified plants.For the necessity,the shortcomings of the current form of protection of transgenic plants are explained and the advantages of patents which protect transgenic plants are demonstrated.Then,the novelty,creativity and practicality of transgenic plants were hold and the possibility were demonstrated.The third part of this paper puts forward suggestions on the legislation of transgenic plants patents in China.First of all,it is necessary that legislation needs to pay attention to the balance of interests,especially the balance of interests of farmers.Then,I made personal suggestions on the amendments to the laws of the Patent Law and Examination Guide.It is hoped that our country can improve the legal system for the patent rights of genetically modified plants as soon as possible.