The Open Source Model Of Synthetic Biology From The Perspective Of Intellectual Property Law

The development of synthetic biology and synthetic biotechnology has injected a new driving force into the development of life science and industry in the 21st century.The development of life science and technology represented by synthetic biotechnology will greatly affect the innovation of economic and social industrial structure and the development of productivity.Technology can not and can not be completely separated from the law.As far as the frontier technology of synthetic biotechnology is concerned,while it has an impact on human life and health,industrial innovation and economic development,the corresponding legal issues are increasingly prominent.The development of synthetic biotechnology expands the object of intellectual property.In fact,there are a large number of basic technologies and enabling technologies in the field of synthetic biology that have been applied for patents.The purpose of intellectual property protection is to encourage innovation.However,excessive protection of intellectual property rights may hinder innovation,which is manifested as "patent thicket" in the field of synthetic biotechnology hinders technological innovation and leads to "tragedy of anticommons".The open source model provides a choice for R & D and property rights allocation of synthetic biology.With the rise of biological open source movement,the open source mode of synthetic biology is also expected by the scientific community,and its intellectual property issues have gradually attracted the attention of intellectual property academia.However,the special discussion on the intellectual property of open source model in synthetic biology,especially in China,is still insufficient or even absent.This paper tries to take the open source mode of Bio Bricks Foundation as an example,discusses the existing open source mode from the perspective of intellectual property law,and also takes into account the factors such as biological security,national security and property rights security,and tries to put forward suggestions to improve its shortcomings,so as to provide a more reasonable and feasible property rights model and legal tools,so as to promote the innovation and protection of synthetic biotechnology This technology will benefit the public.This paper consists of four chapters and three parts: Chapter one and chapter two are the first part of this paper,it introduces the technical basis and application prospect of synthetic biology,the status quo and limitations of intellectual property protection in the field of synthetic biology,the practice,legal basis and knowledge production mode of synthetic biology open source mode,and discusses the necessity,legal rationality and knowledge level of open source mode of synthetic biology.The second part is composed of the third chapter,which introduces the breakthrough of synthetic biology open-source model on intellectual property protection and its own operation mechanism,and analyzes the existing open-source mode from two aspects: the open-source community as a " public sphere" and the open-source agreement as a legal tool;The fourth chapter is also the focus of this paper,which constitutes the third part of this paper In view of the shortcomings of the existing open source mode of synthetic biology,some suggestions are put forward.Through this discussion,I proposed a commons-based synthetic biology peer production and I believe that we can encourage and promote the open source mode of synthetic biology,adopt the mode of "protected public domain" for its knowledge achievements,and protect the "public domain" with Reciprocal License Agreement,so as to realize the high-efficiency innovation of synthetic biotechnology and make the public enjoy the benefits brought by scientific and technological innovation achievements.