Investigation On Patent Legislative Protection Of New Varieties Of Transgenic Plants Of China

With the rapid development of modern biotechnology,especially genetic engineering technology,gene technology has attracted universal attention in the world,and the leading countries in the field of biotechnology have snapped up technology patents in order to obtain the huge economic benefits from this industry.The scientific research and development of new varieties of genetically modified plants has given crops excellent characteristics such as insect resistance,disease resistance,herbicide resistance and high yield.With the United States leading in granting patents on new varieties of genetically modified plants,the European Union and Japan have been following the trend and got many patents in this area.Patent rights is an essentially kind of monopoly,which ensures the dominant position of the right in the relevant products,and the high monopoly profit.Meanwhile,the monopoly naturally mobilizes the enthusiasm for innovation,which creates more intellectual achievements,and brings great economic benefits to the right holders.And it will also greatly increase the social cost.Comparing the relevant legislation among the United States,the European and Japan,it is obviously that the system to protect new plant varieties,including new varieties of genetically modified plants,is a gradual process in the patent system.Japan and the European Union are biased in favor of conservatism and rationality in addition to the open attitude of the United States.However,after a series of explorations in patent legislation,the protection of new varieties of genetically modified plants has been basically realized in the intellectual property system of the three countries.In order to follow the legislative process of developed countries and draw on the relevant legislative experience to modify China’s patent law,we must first have a clear understanding of the new varieties of genetically modified plants,analyze the possibility of patent protection and some special problems they are faced.Through a comprehensive analysis of the feasibility and necessity of patent legislation protection of new varieties of genetically modified plants,this paper concludes that it is feasible to include the new varieties of genetically modified plants in the scope of protection of patent law.Furthermore,this paper also gives a gradual two-step model of revision.As representatives,the United States and the European Union have spawned DuPont,Bayer and other large multinational monopoly biotechnology companies under the patent law protection system of developed countries.In 2017,ChemChina acquired Swiss seed company Syngenta on behalf of China’s interest in competing in this cutting-edge technology field,but China still prohibited patenting new varieties of genetically modified plants.If the legal system can’t keep up with technological innovation,it will become an obstacle to technological progress.Therefore,with China’s increasing voice in the world of GM technology,it is an inevitable trend for China to realize the patent legislation protection of GM technology.