非转基因植物的可专利性分析法律专业论文.docxVIP

PAGE PAGE 1 2 2 Abstract In recent years, the European Patent Office (EPO) has granted a great number of patents on non-transgenic plant, which have caused many debates in both the theoretical and practical circles. Non-transgenic plant is one of the most important sources of fine crops in the world, playing an irreplaceable role in increasing food production and improving crop quality. Compared with the transgenic plant, non-transgenic plant is safer. Granting patents on non-transgenic plants can provide the best protection of the breeders’ interests, and facilitate the establishment and development of modern breeding industry, as well as improve the agriculture level. However, opponents hold the opinion that granting patent on non-transgenic plants will harm the interests of farmers, the public and the developing countries, and conflict with existing plant variety rights protection. The above aspects have to be taken into account during the analysis of the patentability of non-transgenic plants. Furthermore, the novelty, practicality and creativity of the non-transgenic plants are necessary elements for the analysis. To a particular country or region, the analysis of the patentability of non-transgenic plants requires consideration of the breeding research ability, the agricultural development level, the breeding companies’ ability and the richness of biological genetic recourses; the construction of the non-transgenic plant patent system requires consideration of the national conditions, the relevant Basic Principles of the International Conventions, to achieve maximized interests. Based on the points above, this thesis includes five parts. Part one is introduction of the cases and analysis of the debates. In December 2010, the EPO’s Enlarged Board of Appeal (EBoA) ruled the patentability of non-transgenic plants regarding method patents. Non-transgenic breeding method has been identified as “practical biological process” and the granting of the patent has bee