Study On Marine Biotechnology Patent Protection System

Marine biotechnology is an important branch of biotechnology. Although highly relevant to the interests of scientists, fishermen and aquaculture practitioners, its patent legality issues have been insufficiently studied in China. In order to provide suggestions for the Chinese government to perfect the patent system concering marine biotechnology, it is important to study the attempts and experiences of other countries in this field. Such study will not only help protect the interests of relevant individuals, but also benefit China's marine industry as a whole.This article focuses on the protection system of marine biotechnology patent. It covers both the international biotechnology patent system and China's marine biotechnology patent protection system. It fully draws lessons from the intellectual property right system on biotechnologyical product of the United States, Europe and other developed countries or regions. The article discusses the problems of the protection of marine biotechnology patent at present. Then it uses Shandong's marine biotechnology patent system as an example to analyses the system's current status, problems and potential. After pointing out the main challenges facing China's marine biotechnology patent protection system, the article gives recommendations to improve marine biotechnology patent protection system.This article has four parts. The introduction introduces concept, research objectives and the current system a home and abroad. Chapter II is a systematic study on biotechnology patent protection system of major developed countries and regions. It introduces the evolution, characteristics and international conventions of biotechnology patent protection, and then makes in-deepth study on patent protection system by referring to cases of the United States, Europe, and Japan. Chapter III contains analysis on China's marine biotechnology patent protection system and identifies its main problems. Chapter IV gives suggestions on specific measures at law and policy level to improve the protection of marine biotechnology patent.This article holds that to improve China's marine biotechnology patent protection system, the following tasks need to be carried out1. Carefuly set up patent right for new plant variety of algae.2. Establish a sound system of intellectual property protection of biotechnology. Firstly, experiment patent right protection system on new variety of shellfish, and then try to expand the system to cover new arieties of algae.3. Build up a sound marine biotechnology patent management agency. Explore a new management system of biotechnology patents, improve the legal sytem on arine biotechnology patent and supervise biotechnology patent protection system dynamically.4. Government departments should adopt policy that can create incentives.