Studies Of The Law Issues Of Transgenic Plant Intellectual Property Tights Protection

Transgenic plants are important part of modern biotechnology, which have been widely used in agricultural production. Transgenic plants brings tremendous impact and the technological revolution in agriculture to traditional agricultural production, at the same time, generate huge economic benefits. At the background of economic globalization, protection of intellectual property rights has become one of the key factors of national economic development and international competitiveness.If any member of the WTO who protects intellectual property rights ineffective, will be multi-faceted punished by trade sanctions.Therefore, a sound system of intellectual property protection of plant is not only conducive to the establishment and the development of modern agriculture, but also due to China's international obligations.The construction the protection of intellectual property legal system of transgenic plants will be enable China's seed breeding industry in technological innovation and integration into the world economy, to promote the development of China's agricultural industry and improve agricultural competitiveness.This article is carried out on such a background.In this article, the study subjects based on the Law and other theory in combination, the main use of document analysis, historical analysis, comparative analysis and empirical analysis methods, focus on the legal system of intellectual property protection system of transgenic plants.In this study, to reference and summarize the researchboth at home and abroad, to analyze the background of transgenic plants intellectual property protection,and deeply analyze the basic theory of transgenic plants intellectual property protection, including the basic principles of transgenic plants intellectual property protection,interests equity theory and the theory of the right of farmers.At the same time, To analyze related international organizations and conventions, main developed countriesand regions, such as the United States, the European Union and Japan, and some typical developing countries and regions transgenic plants intellectual property rights about transgenic plants intellectual property protection. On China's current development of transgenic plants, the status of the industrialization of clarity, the focus of analysis of varieties of systems, the patent system, geographical indications and trade secrets, such as transgenic plants of China's protection of intellectual property rights of relevant laws and regulations, analysis of the legal problems of transgenic plants intellectual property protection in our country,in-depth analysis the game of interests of transgenic plants intellectual property protection.On the basis of the above, to construct he legal system of transgenic plants intellectual property protection, which is suitable to our country and promote bio-technological development, mainly in transgenic plants of the plant variety protection, patent protection, geographical indications and trade secrets protection system. According to China's specific national conditions, we could be "ten-year plan three-step" strategy for the progressive realization of the single-track patent protection model, and to make the relevant arrangements of benefit-sharing system for the intrest of transgenic plant technology. Finally, conclusions and suggestion to transgenic rice intellectual property rights.