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The booming modern genetic engineering techniques , in just a few decades has been formed on the traditional patent system challenges. The United States took the lead on the gene , transgenic technology granted patent invention of biotechnology , the EU along with the introduction of legal protection directive Although China has long been the invention of the rice gene technology products and large-scale cultivation in 2008 , but revised patent France also avoided the issue of the patentability of genetically modified plants , the transgenic plant technology into the efforts to develop the dilemma of lack of adequate legal protection , the beginning of a new round of WTO negotiations in 2001 , genetically modified foods on Doha Round of negotiations on the issue , and therefore , we have to face up to the transgenic technology , their further research to respond to the new international situation . Reference and summary of this study at home and abroad have transgenic plant research , international legislation and its experience in the transgenic plant patent protection to sort out and summarized for the construction and improvement of the transgenic plant patent protection system in China , the use of standardized and comparative analysis method , comparison and transgenic plant patent protection for new plant varieties protection system , in-depth analysis the transgenic plant patent protection laws in the interests of the game , but also pointed out the existing problems of the patent protection of genetically modified plants in China . Finally, trying to build a suitable for China's national conditions , and can promote our transgenic technology to further the development of the legal system of the transgenic plant patent protection mode , and its specific perfection .
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