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Research On Intellectual Property Issues Of Genetically Modified Crops In China Under The Background Of Industrialization

Posted on:2021-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:G N FengFull Text:PDF
GTID:2416330611983314Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As genetically modified(GM)technology becomes more mature,the proportion of GM crops in the market is gradually increasing.More than 20 years of practical experience has proved that GM crops cultivated with GM technology can effectively promote the development of agriculture,which is of great significance for alleviating China's agricultural pressure,reducing the burden on the ecological environment and enhancing the competitiveness of international trade.At present,China has not approved the industrial cultivation of GM crops other than cotton and papaya.However,in recent years,the sources of crops such as corn,soybeans,and sugar beet used to meet the needs of domestic daily life,production and application mainly rely on imports,and most of them GM crops.In the long run,not only will there be an embarrassing situation in China that can eat but not grow,but it is not conducive to China's grasp of food sovereignty and international trade competitiveness,it will also marginalize the local genetically modified crop industry.According to the outline of the national program for medium-and long-term scientific and technological development(2006-2020)released by the state council in 2006 and "13th Five-Year" National Science and Technology Innovation Plan in 2016,the industrialization of GM crops will have a phased result in 2020.The industrialization of transgenic insect-resistant corn,transgenic herbicide resistant soybean and other major products may soon enter the countdown stage.In the context of industrialization,the intellectual property rights of transgenic crops cannot be ignored.This paper uses a variety of legal research methods as tools to study the intellectual property issues of GM crops in industrialization.For example,the problem of insufficient incentives for intellectual property innovation of GM crops,the practical application of intellectual property rights of GM crops,the problem of infringement of patents on GM technologies,and the protection of variety rights of GM crops,etc.If these disputes become common,the industrialization of GM crops will be difficult to advance,which in turn will affect China's agricultural development.This research firstly quantifies the intellectual property rights ofgenetically modified crops through data retrieval and data collection,sorts out the current status of various types of distribution in the world,and then focuses on the policy guidance of China 's genetically modified industrialization.The status quo of the promoted intellectual property reserves is sorted out,the two are compared,and the gaps and advantages are summarized.Subsequently,on the basis of the aforementioned comparative conclusions,under the legal framework of China's intellectual property rights,combined with the actual background of the industrialization of genetically modified crops,the knowledge of innovation,incentives,application processes,and protection of the industrialization of genetically modified crops in China still exists or is about to exist.Analysis of property rights issues,and through the excavation and research of the causes behind their intellectual property rights issues,strive to grasp the breakthrough point in solving the problem.Finally,proceeding from China's actual situation,put forward countermeasures and suggestions for different issues,and give full play to the support and protection of the intellectual property system for scientific and technological progress,with a view to providing feasible solutions to the intellectual property problems that will occur in the industrialized cultivation of GM crops in China in the future.
Keywords/Search Tags:Genetically modified crops, Industrialization of genetically modified crops, Intellectual property innovation, intellectual property application, intellectual property protection
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