Study Of Transgenic Plants Of Intellectual Property Protection

The rapid development of gene technology, which is characterized by the DNA recombinant technology, transgenic technology, clone technology, has a great impact on such ideology fields as sociology, ethnics, jurisprudence and others. At the same time, this development also brings some problems which make it necessary for all the governments to re-scrutinize their respective patent protection systems.The transgenic plant is a result of transgenic technology applying to plant cultivating, which on the one hand ,brings much benefit to the world and on the other hand, touchs off great debate. The transgenic plant perhaps influences the grain safety , biological diversity and our environmental problems, the impact of the transgenic plant on the traditional intellectual property(IP) protection of plant is also big, traditional plant variety protection and patent protection have been challenged.As for the great shock to the IP protection system brought by the transgenic plant, European Union(EU) and America have made respective response. Can transgenic animals and plants get patent protection? With this questions, the paper makes a deep comparison research on UPOVC and situations of transgenic plant IP protection in the United States, and European countries. Finally, this paper puts forward some basic principles and specific strategies on the transgenic plant protection in China.The ultimate intention of one country's IP protection system is to promote the evelopment of this country's economic and science and technology. So the DP legislation of our country should not only take the factor that China is a developing country into fully consideration, but also conform the trends and rules of international IP protection. More importantly, it should also accommodate with the special situation of o the transgenic plant protection.Another special problem of the transgenic plant protection is the technological measures, through which rights of the nurser can be protected somewhat absolutely. The role of the technological measures in IP rights protection is being more and more important. This paper discusses the protection...