A Research On The Legal Issues Of China's Patent Protection For Transgenic Plant

The blooming modern technology for gene engineering has posed a great challenge to the traditional patent system in just ten years. The United States was the first to grant a patent to gene and transgenic technology. Following the United States, European Union also enacted legislative directives to protect biotechnology inventions. In China, however, in spite of the early invention and large-scale plantation of gene engineering technique products like rice, the problem of patentability was avoided in the revised Patent Law of 2008. This has put plant transgenic technology in an awkward position of seeking developments without sufficient legal protection. In the new round of talk of WTO begun in 2001, genetically modified foods were put on the agenda of Doha Round talks. In view of this, our country should pay attention to transgenic technology. Researches should be conducted in this field in order to face up to the new international situation.Based on present research results of transgenic plant both home and abroad, this research aims at the construction and perfection of a Chinese patent protection system for transgenic plant. Through the method of normative and comparative analysis, the research surveys and sums up international legislation experiences of patent protection for transgenic plant. Besides, the research also conducts comparisons between patent protection for transgenic plant and the protection system of new varieties of plant. Thus, the research manages to provide a profound analysis of the interest game in patent protection laws for transgenic plant. In the meantime, it also point out some problems of patent protection for transgenic plant in our country. In the conclusion part, this research tries to construct and perfect a legislative model of patent protection for transgenic plant, which is both suitable for our country and can promote the development of transgenic technology.