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Research on Intellectual Property Issues in China’s Industrialization of Genetically Modified Rice

Author: LiJieZuo
Tutor: LiXuXia
School: Huazhong Agricultural University
Course: Economic Law
Keywords: Industrialization of transgenic rice Intellectual property creation The use of intellectual property Intellectual Property Management Intellectual Property Protection
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 203
Quote: 1
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Abstract


GM technology is an important part of biotechnology, in its application on the basis of breed transgenic rice and other GM crops, many varieties have been widely used in agricultural production. Country in transgenic rice research is already a world leader, but limited by national policy, risk assessment requirements and the people on the awareness of genetically modified rice, and many other factors, until 2009, it won the National transgenic rice production and application security certificates, can be planted in Hubei province, which marked China's upcoming industrialization of transgenic rice cultivation. In fact, with excellent traits planting transgenic rice for the mitigation of our country's food crisis, safeguard food security in our country and the world has a very important significance. In transgenic rice industry, the intellectual property system improvement is one of the basic work, and such improvement should be in our country, \manner. Therefore, intellectual property research of transgenic rice is to genetically modified rice industry in the process of encounter to answer fundamental questions of intellectual property and intellectual property strategy required from the creation, use, management and protection of four aspects to be improved , so as to China transgenic rice industry to provide protection for the smooth implementation, but also for other GM crops industry to provide a reference. To accomplish these objectives, the integrated use of research literature, comparative analysis, empirical research method and other analytical methods, and to law, life sciences, sociology, management science and other disciplines theory as a guide in the development of genetically modified crops on the current situation investigation, based on the intellectual property rights from transgenic rice to start the basic theory, combined with our patented transgenic rice retrieved data analysis, in transgenic rice industry in intellectual property disputes arising issues answered. Intellectual property rights in our overall strategy under the guidance of foreign advanced experience on the basis of learning from the intellectual property creation, use, management and protection of four aspects research, analysis of transgenic rice industry problems in the intellectual property system, For these questions and corresponding countermeasures and suggestions. The corresponding transgenic rice patent search, the first is to make transgenic rice industry regarding intellectual property disputes to answer the questions; second is through transgenic rice patent country, claims, patented technology content and technologies for the year changes in the content analysis, to understand our country and the world in the field of transgenic rice research conducted by the direction of development and market development trends. Through the patent search, you can understand his country's intellectual property strategic layout, the Chinese government introduced the policy for companies operating decisions and provide the most effective IT support, is the industrialization of transgenic rice intellectual property rights an important basis for specific strategic layout. Transgenic rice IPR creation, utilization, management and protection are not mutually independent, they are genetically modified rice industry to promote the smooth implementation of the common objectives, and on this basis, the formation of a unified and coordinated system of intellectual property rights. Through the creation in our current system of patent law and plant variety protection system inspection, China has explicitly transgenic rice industry to provide the appropriate support of the intellectual property system, and in the comparison of these two systems as well as whether the plant patentable based on the analysis, transgenic rice in China of intellectual property for mode selection, and proposed the establishment of agricultural genetic resources conservation and utilization of the system based on the dependence of EDV System build and so on. Through the utilization of the intellectual property system of patents and plant variety rights of content as well as the right to limit system, licensing system, the system of transfer of rights, a clear intellectual property rights of the use of genetically modified rice the way for intellectual property transgenic rice in China transformation rate of the status quo on the rational use of foreign advanced technology and the creation of intellectual property alliance's proposal, but in the process also focus on the protection of the rights of farmers, focusing on transgenic rice and its products and its non-transgenic rice product mix of control and so on. On the management side, according to the different subjects can be divided into national management of intellectual property rights, research institutions management and corporate governance. Improvement in the management of these three, and they should be put on equal importance. To further strengthen the intellectual property rights of transgenic rice construction as the center, with the emphasis on the exchange of international competition and at the same time, the intermediate layer for social improvement, the market value of intellectual property assessment mechanisms, early warning mechanism, incentive mechanism of construction, intellectual property good cultural atmosphere and the humanities in creating an atmosphere. In protection, China's use of administrative protection and judicial protection of intellectual property in the form of two-track system, which can be good for each other between the two kinds of protection. During the administrative protection of law enforcement agencies, law enforcement procedures, law enforcement personnel team building complete, we must also pay attention to the transgenic rice IPR customs protection, and from the infringement that standard, forensic methods, legal remedies, and other aspects of accountability transgenic rice improvement of judicial protection of intellectual property.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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