Research On The Protection Model And Improvement Of New Species Of Transgenic Plants

In recent years,new species of genetically modified plants have played an increasingly obvious role in agricultural life and production.Countries are paying more and more attention to the protection of agricultural intellectual property rights,and the protection of intellectual property rights of new varieties of genetically modified plants has also become the object of concern.Advanced countries and regions such as the United States,Japan,and the European Union have established patent protection systems involving new plant varieties to varying degrees,and have strong intellectual property protection for related genetically modified technologies.The development of China's genetically modified plant-related technologies has initially reached the international advanced level,but the existing legal system still provides insufficient intellectual property protection.Although the Regulations on the Protection of New Varieties of Plants of the People's Republic of China,the Patent Law of the People's Republic of China and the Guidelines for Patent Examination regulate the protection of new varieties of plants,the scope of objects recognized in the Regulations on the Protection of New Varieties of Plants exists very limited,the "Patent Law" stipulates that new varieties of genetically modified plants cannot be granted patent rights themselves,and the "Patent Examination Guide" believes that plant material with vital signs is not included in the scope of variety rights protection.There are also certain loopholes in the internal provisions related to the relevant method patents of new plant varieties.The lack of patent protection of new genetically modified plant varieties as innovative scientific and technological achievements and the lack of regulations on the protection of new plant varieties related to genetically modified technology will seriously hinder the further development and industrialization of genetically modified technology in the field of new plant varieties.Under the current international background in which developed countries use the patent system to protect transgenic technologies to varying degrees,it is imminent to improve and strengthen the intellectual property protection of new species of transgenic plants in China.By analyzing the legislative experience and implementation process of intellectual property protection of genetically modified plants in developed countries such as the United States,the European Union,and Japan,supplemented by thedemonstration of legality and necessity,combined with reference to the development and legislative process of developed countries 'cases Combined with China's national conditions,it is possible to put forward suggestions for improvement in the protection of new varieties of genetically modified plants.China's improvement of variety rights protection rules and the formulation of effective laws on patent protection of new varieties of genetically modified plants are the focus of the next step.To sum up,China can choose to refer to the EU's legislative process and take the following measures to improve the relevant system: First,modify the relevant provisions of the Patent Examination Guide and the New Plant Variety Protection Regulations,which will involve The scope of the object of intellectual property protection of varieties related to genetically modified technology will be expanded.Second,the period of protection for new species of genetically modified plants should be reasonably allocated and appropriately extended.Third,coordinate the balance of interests between breeders of new genetically modified plant rights and farmers 'right to retain seeds.From these three points,the protection of intellectual property rights of new varieties of genetically modified plants in China can not only be in line with international standards,but also fully reflect the characteristics of China's national conditions.